Uber, Airbnb y la llamada «influencia decisiva» de las plataformas digitales
This article analyses the criterion of the so-called "decisive influence", a benchmark that determines the nature of the services provided by intermediary platforms, and its corresponding legal implications. Such platforms try to generate trust, something essential for the economic activit...
| Autor: | |
|---|---|
| Tipo de recurso: | artículo |
| Fecha de publicación: | 2020 |
| País: | España |
| Institución: | Universidad Autónoma de Madrid |
| Repositorio: | Biblos-e Archivo. Repositorio Institucional de la UAM |
| Idioma: | español |
| OAI Identifier: | oai:repositorio.uam.es:10486/695991 |
| Acceso en línea: | http://hdl.handle.net/10486/695991 https://dx.doi.org/10.7238/idp.v0i31.3224 |
| Access Level: | acceso abierto |
| Palabra clave: | Accommodation services Decisive influence Intermediaries Online platforms Sharing economy Transportation services Derecho |
| Sumario: | This article analyses the criterion of the so-called "decisive influence", a benchmark that determines the nature of the services provided by intermediary platforms, and its corresponding legal implications. Such platforms try to generate trust, something essential for the economic activity to successfully move forward, by several means. Among them, by setting some of the conditions of the underlying services, such as transportation and accommodation. The influence of a platform like Uber on the subsequent transportation service has been regarded "decisive" by the Court of Justice of the European Union. Because of that, its activity does not amount to an information society service of intermediation, but to a service in the field of transport. On the contrary, the activity of another platform like Airbnb has been qualified by the CJEU as an information society service, because the platform operator has a lesser influence on the accommodation service. After explaining all these issues, the paper reflects on the concept and consequences of the decisive influence criterion. In this regard, the paper presents some views diverging from the EU case-law, offers some examples of how the referenced benchmark affects labour law and private law, and poses some debates. These are the appropriateness of the decisive influence within the platform economy, the need to review the regulation of the underlying services related to intermediary platforms, and the convenience of passing specific regulation on platforms, adapting the applicable rules to the degree of influence exercised. |
|---|