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The Collaborative Economy and EU Law

The Collaborative Economy and EU Law

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509917136
  • 出版时间 February 2018
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥1,116.25
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  • 描述 
  • 大纲 
  • 详细

    “Disruptive innovation”, “the fourth industrial revolution”, “one of the ten ideas that will change the world”; the collaborative/sharing economy is shaking existing norms. It poses unprecedented challenges in terms of both material policies and governance in almost all aspects of EU law.

    This book explores the application – or indeed inadequacy - of existing EU rules in the context of the collaborative economy. It analyses the novelties introduced by the collaborative economy and discusses the specific regulatory needs and instruments employed therein, most notably self-regulation. Further, it aims to elucidate the legal status of the parties involved (traders, consumers, prosumers) in these multi-sided economies, and their respective roles in the provision of services, especially with regard to liability issues.

    Moreover, it delves into a sector-specific examination of the relevant EU rules, especially on data protection, competition, consumer protection and labour law, and comments on the uncertainties and lacunae produced therein. It concludes with the acute question whether fresh EU regulation would be necessary to avoid fragmentation or, on the contrary, it would create unnecessary burdens and stifle innovation.

    Taking a broad perspective and pragmatic view, the book provides a comprehensive overview of the collaborative economy in the context of the EU legal landscape.

  • 1. Introducing the Collaborative Economy
    I. Introduction
    II. The Rise of the Collaborative Phenomenon
    III. Definitions of the Collaborative Economy
    IV. Main Characteristics of the Collaborative Economy
    V. Market Sectors
    VI. Conclusion
    2. Market Access and Consumer Protection in the Collaborative Economy
    I. Introduction
    II. Contractual Links in a Collaborative Relation
    III. Market Access in the Collaborative Economy
    IV. Consumer Protection
    3. Data in the Collaborative Economy
    I. Introduction: The Role of Data in the Collaborative Economy
    II. Personal Data Protection versus Big Data Economy
    III. Data Protection under Other EU Rules
    IV. Conclusions
    4. The Collaborative Economy and EU Competition Law
    I. Introduction
    II. Antitrust
    III. State Aids
    IV. Conclusions
    5. Labour Relations in the Collaborative Economy
    I. Introduction
    II. The Transformative Effect of the Collaborative Economy on Employment
    III. Courts Struggling on a Binary Logic: Self-employed versus Employees
    IV. Beyond the Binary Logic: Tentative Regulatory Interventions
    6. Dispute Resolution
    I. Introduction
    II. Judicial Dispute Resolution
    III. Alternative Dispute Resolution
    IV. Validity of Dispute Resolution Clauses Employed by Platforms
    V. Online Dispute Resolution
    VI. Conclusion
    7. The Regulation of the Collaborative Economy
    I. Introduction
    II. An Empirical Approach—What about the Current Regulatory Void?
    III. Regulation of the Collaborative Economy: A Normative Approach
    IV. Conclusion
    8. Conclusion

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