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The Collaborative Economy and EU Law

By: Vassilis Hatzopoulos
Media of The Collaborative Economy and EU Law
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Published: 22-02-2018
Format: Hardback
Edition: 1st
Extent: 320
ISBN: 9781509917136
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £70.00
 

: 14 -21 days

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Loren Epson

About The Collaborative Economy and EU Law

'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 of whether fresh EU regulation would be necessary to avoid fragmentation or, on the contrary, if such regulation 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.

Table Of Contents

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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