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

About the Author :
Vassilis Hatzopoulos is Professor of EU Law and Policies at the Panteion University of Athens; Provost of the European Law and Governance School, Athens; and Visiting Professor at the College of Europe, Bruges. He is also an Attorney-at-Law of the Athens Bar.

Review :
Hatzopoulos’ book is a most welcome piece of work, not only because it represents an exceptionally well-written and coherent academic piece, but because it also provides one of the first, if not the first, complete and in-depth examination of the collaborative economy from the perspective of different branches of EU Law. This book is ground-breaking. It is the first elaborate book on the subject matter, written in a very accessible and well-researched way. Its categorizations and mapping of the applicable law to the phenomena of the platform economy have the potential to set the standards for legal scholarship and practitioner’s work alike. The book contains numerous visionary ideas. Even in the fast-changing world of collaborative platforms, the book will remain a source of reference in the years to come.