EXEMPTION FROM LIABILITY AND PROHIBITION OF GENERAL MONITORING OBLIGATIONS AS GUARANTEES FOR INTERNET INTERMEDIARIES’ PARTICIPATION IN CIVIL RELATIONS

Abstract

This article examines the legal regulation of internet intermediaries’ participation in civil relations, focusing on the regimes of exemption from liability and the prohibition on general monitoring obligations. The study analyzes the historical preconditions and reasons for introducing these legal mechanisms and assesses their impact on the development of the digital economy and user rights protection. Particular attention is paid to key aspects of European Union legislation, including the E-Commerce Directive and the Digital Services Act, which establish the fundamental principles of intermediary liability. Special emphasis is placed on analyzing the case law of the Court of Justice of the European Union, which clarifies the limits of monitoring obligations and ensures a balance between freedom of expression, intellectual property rights, and business interests. The article highlights the specific features of Ukrainian legislation, including provisions of the Law of Ukraine "On Electronic Commerce" and the updated Law of Ukraine "On Copyright and Related Rights." The study substantiates that exemption from liability is a critical element of intermediaries’ functioning. Together with the prohibition of general monitoring, these two mechanisms constitute essential legal guarantees enabling intermediaries’ participation in civil relations. The author stresses the importance of further harmonizing Ukrainian legislation with European standards to ensure intermediaries’ effective participation in legal relations. The findings can be utilized to improve the legal regulation of internet intermediaries and to develop new approaches for governing the digital environment in Ukraine.