The developments in the DSA regarding provisions on online platforms that allow consumers to conclude distance contracts with traders (B2C) are to be welcomed. Nevertheless, Art. 6.3 DSA deals with liability exemptions and it is up to the Member States to decide when and under what conditions non-neutral platforms (those that have control or create the appearance of being the provider of the underliying service) should be liable for the seller’s non-performance. The following pages provide a comparison between the legislation and case law in Portugal and Spain, showing to what extent or under what circumstances these Member States acknowledge the contractual liability of a third party not involved in the contract between the trader and the consumer.