Reflexiones en torno a la responsabilidad de las plataformas electrónicas de economía colaborativa
ISSN: 1132-7170, 2530-9854
Year of publication: 2017
Issue Title: Economía colaborativa
Issue: 70
Pages: 27-68
Type: Article
More publications in: Revista de Estudios Europeos
Abstract
This paper analyses the liability of the on line platforms that operate in the collaborative economy. This is a complex subject, given that the (different) contractual position(s) that can be held by the platforms have a major impact upon their liability regime. Such liability rules differ according to whether the platform is labeled as being an intermediary, or whether it is considered to be the provider of the underlying service. Thus, the regime of the sharing economy platform is examined as that of an "intermediary provider". Electronic platforms, as on line intermediaries, are subject to contractual liability, although some exclusions are applicable. This paper also studies situations where goods and provision and services are taken as produced by the platform, with is consequences in the realm of liability. Finally, the paper refers to lege ferenda proposals to implement an improved liability regime for collaborative platforms.