Advocate General Szpunar issued an Opinion in Russmedia and Inform Digital Press (C-492/23), explaining when online marketplace operators are to be held liable under the E-Commerce Directive and GDPR. The Romanian case was about an unauthorized advertisement with personal information. Szpunar emphasized that operators are not liable if they are performing a neutral, technical function, but lose protection when they operate or market content actively. Under the GDPR, operators of marketplaces are data processors for generated user ads but data controllers for registered users’ personal data. The future CJEU ruling will be significant to define the liability scenario for marketplaces online.