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Project

Towards a uniform concept of undertaking ? A quest for coherence and clarity in the personal scope of economic legislation.

The sharing economy builds an economic business model around a type of solidarity between non-professional providers and customers (hereafter collectively referred to as "users"). By taking up a more active role, platforms increase trust between strangers. Platforms enable users to close transactions without economic and legal knowledge by automating negotiations and drafting the contract terms. Unlike small-scale providers, platforms can operate on a very large scale. They build out an infrastructure that allows small providers to compete with established large companies. To the extent that the business model of the sharing economy necessitates platforms to take on an increasingly active role, a need arises for legal embedding of their legal responsibilities. Protection of users is needed at the following levels: (i) the legal conditions under which the platform provides the mediation service, (ii) the legal qualification of the underlying relationship, (iii)the responsibility of the platform for the underlying offer, (iv) conflicts of interest on the part of the platform, and(v) the operation of review systems. The European legislator understands this, which is evidenced by several recent legislative initiatives. Nevertheless, this research advocates changes in direction. First, the cost of numerous information obligations should be weighed against their usefulness. It is appropriate to reduce the excess of transparency obligations. In addition, following the example of the Package Travel Directive 2015/2302, a more holistic approach is advocated that recognizes the reality of a multi-party relationship in the triangular contractual relationship between provider, platform and customer. Following the example of the Vienna Sales Convention, it also advocates legal obligations that are no longer dependent on a distinction between a business and a consumer. After all, all users are in a weak position in their relationship to the platform, regardless of their professional or non-professional capacity. The trend to create an adapted legal framework for platforms instead is to be welcomed. This will require further customization that aligns responsibilities with the type and nature of the platform involved. Finally, the question arises whether existing liability immunities for internet intermediaries are applicable to platforms. In their terms and conditions, platforms often incorrectly portray themselves as mere bulletin boards. Nevertheless, this research advocates a readjustment of the existing immunities. A complete elimination of immunity, which might be necessary due to other social reasons, is not problematic in the context of the sharing economy.

Date:20 Sep 2015 →  30 Sep 2021
Keywords:Coherence, Personal scope, Economic legislation
Disciplines:Law, Other law and legal studies
Project type:PhD project