OBAVEZA OBEZBEĐENjA JASNE IDENTIFIKACIJE OGLAŠIVAČA KOD INTERNET OGLAŠAVANjA

Abstract

In this paper the author examines the sale of goods using electronic platforms, as well as the Internet advertising of users of such platforms. The operator of the electronic platform acts as a transmitter of advertising message in case of internet advertisements and is obliged, according to the Serbian Law on Advertising, to ensure clear identification of the advertiser (the person being advertised). The Law on Advertising does not specify the data, which provide a clear advertiser’s identification, but refers to the Law on Electronic Commerce, which states that these are different data, with the special emphasis on the user’s IP address. However, in certain situations, a mere IP address is not sufficient to consider that the operator of the electronic platform as the transmitter of the advertising message has fulfilled the legal obligation to ensure clear identification of the person being advertised. It is necessary to take into account whether that person is engaged in trade as a business activity, because in such a situation it is necessary for the electronic platform to collect and store the data that clearly identify that person as trader according to the Law on Trade.