Platform Economy: Unravelling the Legal Status of Online Intermediaries

The Court of Justice of the European Union passed two landmark cases on the legal status of internet platform Uber, ruling that it offers a full transport service and exercises a decisive influence over the conditions under which drivers provide their service. These rulings address the legal status of online intermediaries, such as Uber,Airbnb and TaskRabbit, and raise questions about regulatory intervention, liability, market restrictions, labor protection, social security, revenue law, and the blurring of traditional legal categories.

Format: Hardback
Length: 398 pages
Publication date: 23 January 2019
Publisher: Intersentia Ltd

The Court of Justice of the European Union (CJEU) has made significant rulings regarding the legal status of internet platform Uber in two landmark cases. In December 2017, the CJEU established that Uber offers a full transport service rather than merely providing an app. Without Uber, there would be no market for non-professional drivers using their own vehicles. Moreover, the platform exerts a significant influence over the conditions under which drivers provide their service. These rulings address the core issues surrounding the legal status of online intermediaries like Uber, Airbnb, and TaskRabbit.

The question arises whether regulatory intervention is necessary to reap the potential benefits of the platform economy or to mitigate the potentially negative consequences of regulatory disruption. Platforms can be held liable for the proper execution of services provided by others, but does existing national regulation impose disproportionate market restrictions on innovators? Should we rethink labor protection and social security measures to address the potential loss of social protection for non-standard workers? How can revenue law be improved to tackle elaborate international schemes to avoid direct and indirect taxation?

Emerging platforms claim to create new market opportunities and provide innovative solutions to improve social welfare. However, the platform economy blurs established lines between traditional legal categories, such as business and consumer, personal and professional, and worker and contractor. Traditional regulation, which often focuses on balancing the interests of two contracting parties, is now confronted with the three-sided contractual relationship between a platform, a supplier, and a user.

This book brings together a panel of international legal experts to explore these complex issues and provide insights into the legal challenges and opportunities posed by the platform economy. The authors examine the regulatory framework, the role of platforms in the economy, and the impact of these rulings on the future of the platform industry. They also consider the potential benefits and risks of the platform economy, such as job creation, economic growth, and consumer convenience.

The book concludes with recommendations for policymakers, industry stakeholders, and legal professionals to navigate the complex regulatory landscape and ensure that the platform economy benefits society as a whole. The legal status of internet platform Uber has been a subject of significant debate and regulatory attention in recent years. The Court of Justice of the European Union (CJEU) has made two landmark rulings that have significant implications for the platform industry and the broader economy.

In December 2017, the CJEU ruled that Uber provides a full transport service rather than merely an app. This ruling recognizes that Uber is not just a technology company but also a transportation provider that offers a range of services, including ride-sharing, food delivery, and freight transportation. Without Uber, there would be no market for non-professional drivers using their own vehicles, and the platform has a significant influence over the conditions under which drivers provide their service.

The CJEU's ruling also addressed the issue of whether platforms can be held liable for the actions of their users. While the platform is not responsible for the actions of individual drivers, it can be held liable for any harm caused by its platform. This ruling highlights the importance of platforms taking responsibility for the actions of their users and ensuring that they comply with relevant laws and regulations.

In April 2018, the CJEU ruled that Uber drivers are employees rather than independent contractors. This ruling has significant implications for the gig economy and the rights of workers. Under the ruling, Uber drivers are entitled to certain rights and benefits, such as minimum wage, overtime pay, and social security benefits. This ruling also challenges the traditional classification of workers as independent contractors, which has been used by platforms to avoid paying certain taxes and labor costs.

The rulings of the CJEU have significant implications for the platform industry and the broader economy. They highlight the need for regulatory intervention to ensure that platforms are held liable for their actions and that workers are protected. The rulings also raise questions about the role of platforms in the economy and the potential benefits and risks of the platform economy.

One of the key challenges facing the platform industry is the need to balance the interests of platforms, users, and workers. Platforms need to ensure that they provide a safe and reliable platform for users, while also ensuring that workers are paid fairly and have access to basic rights and benefits. This requires regulatory intervention to ensure that platforms are transparent about their policies and practices and that they comply with relevant laws and regulations.

Another challenge facing the platform industry is the need to address the issue of data privacy and security. Platforms collect vast amounts of data about their users and workers, and this data can be used to improve the platform's services and to target advertising. However, this data can also be used to exploit users and workers, and regulatory intervention is needed to ensure that platforms protect the privacy and security of their data.

The rulings of the CJEU also raise questions about the role of platforms in the broader the economy and the potential benefits and risks of the platform economy. The platform economy has the potential to create new job opportunities and to improve economic growth, but it also has the potential to exacerbate existing inequalities and to undermine traditional industries. For example, the platform economy has the potential to create new job opportunities in areas such as ride-sharing and food delivery, but it has the potential to exacerbate existing inequalities in areas such as labor markets and the gig economy.

The rulings of the CJEU also raise questions about the role of platforms in the economy and the potential benefits and risks of the platform economy. The platform economy has the potential to create new job opportunities and to improve economic growth, but it also has the potential to exacerbate existing inequalities and to undermine traditional industries. For example, the platform economy has the potential to create new job opportunities in areas such as ride-sharing and food delivery, but it has the potential to exacerbate existing inequalities in areas such as labor markets and the gig economy.

In conclusion, the rulings of the CJEU have significant implications for the platform industry and the broader economy. They highlight the need for regulatory intervention to ensure that platforms are held liable for their actions and that workers are protected. The rulings also raise questions about the role of platforms in the economy and the potential benefits and risks of the platform economy. It is important for policymakers, industry stakeholders, and legal professionals to work together to navigate the complex regulatory landscape and ensure that the platform economy benefits society as a whole.

Weight: 874g
Dimension: 170 x 247 x 24 (mm)
ISBN-13: 9781780686349