Regulating Composite Platform Economy Services: The State-of-play After Airbnb Ireland

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2020 5(1), 411-428 | European Forum Insight of 12 May 2020 | (Table of Contents) I. Introduction. - II. The applicable legal framework. - III. The Court's case law on composite platform economy services. - II.1. E-commerce platforms. - III.2. Ride-hailing platforms. - III.3. Short-term accommodation rental platforms. - II.4. Conclusion on the Court's case law. - IV. The policy implications. - IV.1. The shortcomings of the current legal framework. - IV.2. A way forward. | (Abstract) A number of platform economy services are composite insofar as they consist of an element provided by electronic means and another that is not provided by electronic means. Determining whether platforms provide only the online intermediation service or an overall service comprising the underlying physical service as well is instrumental in ascertaining which EU law provisions apply to these platforms. The aim of this Insight is to explore the legal classification of composite platform economy services and its policy implications, in order to propose a way forward at the moment when the Commission is drafting a proposal for a new Digital Services Act (DSA).

Keywords

• digital single market
• regulation of the platform economy
• composite services
• illegal content
• online platform liability
• digital services act