'Table of Contents and Other Front Matter for: A Legal Framework for Emerging Business Models: Dynamic Networks as Collaborative Contracts'

2012 ◽  
Author(s):  
Emily M. Weitzenboeck
2021 ◽  
Vol 11 (2) ◽  
pp. 122-144
Author(s):  
Rocío Gallego Losada

This article reflects on the vulnerability of the new digital platform workers regarding their social rights, a highly controversial issue at the doctrinal and jurisprudential levels. Firstly, we analyse the greater job instability and lack of protection experienced by the workers in this type of platforms, and the labour legal framework that derives from these new business models. In this sense, the current doctrine can be grouped into two positions: a first one which defends that these workers should be considered employees and, therefore, remain under the umbrella of the general labour legislation; and a second one, that proposes a legal transformation to include these special workers. Secondly, we analyse the effects derived from the growing development of the platform economy for the Spanish Social Security system. This analysis focuses both on the effects of the protective action of the welfare state for their workers, as well as on its impact on the financing of the public pension system. The article draws a series of final conclusions warning about the possible crash of the fundamental social rights of platform workers.


2020 ◽  
Vol 3 (2) ◽  
pp. 17
Author(s):  
Rezana Balla

Under the restricted measures due to the global pandemic Covid-19, like all other services, financial services had difficulties in performing their financial activities. These difficulties are stronger at countries where financial services are denied for a long time. Financial services denial is an issue that has affected not only Albania but small Balkan countries as well. The reasons for this denial are many, but among them we can distinguish the lack of credit experience, as one of the common reasons to be excluded in these countries from the development of the financial sector. Currently, one of the reasons for the financial denial is the emergency created by Covid-19, where physical distancing and other measures taken by governments to restrict movement and services make financial service impossible. Thus, one of the most effective ways to perform financial services remotely is financial technology. Financial technology refers to the possibilities of financial innovation through technology that can result in new business models, applications, processes, or products with an effectiveness related to financial markets and institutions and the provision of financial services. This paper aims to present the challenges of the legal framework and regulatory institutions, to provide recommendations for its improvement, to enable the development of financial technology in the financial market in Albania. The paper address issues such as the Bank of Albania's consideration on the Directive (EU) 2015/2366 On Payment Services (PSD II). What benefits or challenges would its implementation bring? How is the financial industry projected after the implementation of PSD II? What are the biggest job challenges with payment institutions that have not been to the market before or that bring technology innovations? The paper addresses the issue of money laundering through online digital transactions as well.


2017 ◽  
pp. 25-35 ◽  
Author(s):  
Vicky Katsoni

A phenomenon that has spread as rapidly as the sharing economy, bypassing traditional distribution channels and disrupting established business models, has naturally provoked considerable controversy. Users, providers, sharing economy sites, established businesses offering similar services to those being shared (or traded, exchanged, rented, swapped or otherwise) and governments at all levels (municipality, province, nation state, regional, and even international), have found themselves on different sides of a furious debate about the present and future shape of the sharing economy. This article explores the drivers and impacts of sharing economy in the Greek hospitality industry, presents the legal framework and discusses the challenging and at times controversial nature of it.


2021 ◽  
Vol 11 (2) ◽  
pp. 686-700
Author(s):  
Phan Thi Thanh Thuy ◽  
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The 21st century is the era of the digital economy and technological achievements. Digital business models have created unprecedented socio-economic relationships and quickly dominated the market share of traditional business models in the same industry. These new business models are praised for their economic effects. On the contrary, they are criticized as the parties involved and the relationships created seems to be moving away from the norms determined by applicable business laws. Facing with the digital economy and its business models, many governments are confused because they have not found yet the right way to adjust them. Regarding the relationships between the parties of digital business model, how to protect legitimate interests of consumers is one of the most essential legal issues that has attracted widespread attention. To answer this question, the article will examine and analyze the legal role of consumers in the relationship with other parties, thereby finding out the legal challenges and giving suggestions on building a legal framework to protect consumers in the digital economy.


2020 ◽  
Vol 18 (Suppl.1) ◽  
pp. 350-353
Author(s):  
K. Stoyanov ◽  
G. Zhelyazkov

Social entrepreneurship in Bulgaria is known as a sector, but only a year ago it was legally recognized as a form of business activity. At the same time, the difference in the development of the sector in individual countries does not have a key influence on the implementation of the main activities and social goals of individual organizations. The existence of several business models, which are observed among enterprises in the social and solidarity economy sector, are in general not directly dependent on the regulatory environment in which they operate. This determines the ability to monitor the applicability of those business models in question under different external conditions. The article aims to look at how social enterprises in Bulgaria integrate the various business models, that are known in the sector and to what extent they are influenced by the existing legal framework in the country.


2020 ◽  
Vol 11 (3) ◽  
pp. 604-629 ◽  
Author(s):  
Wolf-Georg RINGE ◽  
Christopher RUOF

New financial technology holds the promise of innovation and competition, challenging established products and services and frequently improving market processes. However, regulation of these new services faces a double challenge: to keep pace with innovation and facilitate new market entries while at the same time understanding and managing the regulatory risks that are involved.At this stage, the existing EU regulatory framework is of little help: the bulk of the present body of financial regulation stems from a different time, with different regulatory problems in mind. EU regulation is also very slow to change and to adapt. Therefore, this paper proposes a regulatory “sandbox” – an experimentation space – as a step towards a regulatory environment where such new business models can thrive. A sandbox would allow market participants to test fintech services in the real market, with real consumers, but under the close scrutiny of the supervisor. The benefit of such an approach is that it fuels the development of new business practices and reduces the “time to market” cycle of financial innovation, while simultaneously safeguarding consumer protection. At the same time, a sandbox allows for mutual learning in a technical field which is sometimes poorly understood, both for firms and for the regulator. This would help to reduce the prevalent regulatory uncertainty for all market participants.In the particular EU legal framework with various layers of legal instruments, the implementation of such a sandbox is not straightforward. In this paper, we propose a “guided sandbox”, operated by the EU Member States, but with endorsement, support, and monitoring by EU institutions. This innovative approach would be somewhat uncharted territory for the EU, and thereby also contribute to the future development of EU financial market governance as a whole.


2019 ◽  

All over the world, revolutionary change is taking place in the media and business communication. Of all the technological developments related to Web 2.0, it is above all the new forms of moving pictures on the Internet and their areas of application that testify to a changed culture of entertainment and information. In this respect, the range of videos available, in combination with social media, has assumed an increasingly significant role. But which business models, strategies and marketing concepts promise success. How can they evoke the attention and emotions of increasingly self-sufficient consumers and convince them to part with their money at the same time? Using examples from research and praxis, this study presents the foundations of online video and Web TV, the forms they take, their legal framework conditions, case studies and research findings on them as well as their social and economic significance, including numerous figures, case studies and contributions by authors on BMW, Daimler, Deutsche Telekom, Google/YouTube, IP Deutschland, Microsoft, MySpace, sevenload und W&V, among others.


2021 ◽  
Author(s):  
Sophie Sallaberger

Digitization is changing work tools and processes, customer acquisition opportunities and business models in the skilled crafts sector. This study examines the effects of this change on the applicability of the Crafts Code and the adequacy of this legal framework. The focus is on the demarcation of skilled crafts from industrial production, the demarcation of the stationary trade from the itinerant trade and the identification of the operation unit that is relevant for the applicability of the Crafts Code in different platform models. This study examines the aspects concerned and points out options for a future-oriented interpretation of the current law as well as for its further development.


2019 ◽  
Vol 22 (2) ◽  
pp. 173-187
Author(s):  
Jędrzej Maciejewski

The aim of this article is to identify the challenges created by digitalization and the Digital Single Market for book markets in Europe. The research questions are, on the one hand, related to the nature of these challenges and the impact they have on European book markets, and on the other hand, the impact of the activities of EU institutions. This leads to the hypothesis that the digitization challenges that the book markets in Europe are facing are of a technological, economic, legal, political and judicial nature. Therefore, the key research method will be an analysis of these challenges and the (re)actions (under)taken by EU institutions. The book market in Europe is characterized by diversity and fragmentation in comparison with, for example, the American market, and is losing its share in the global book market with the development of book markets in emerging markets. Over the last decade, it shrank between 2008 and 2013 and started to rise again after 2014. In contrast to the European book market, the Polish book market is gradually decreasing. The e‑book market, which developed dynamically between 2009 and 2014 (often at the expense of paper books), reached the level of about 6–7% of the entire book market in Europe. To meet the challenges of the ongoing digitization, the European Union has started to implement the Digital Single Market Strategy, which also affects the European book market through the directives and regulations adopted as part of the Strategy. European copyright law, by introducing exceptions and limitations, implemented to varying degrees in individual member states, affects the business models of European publishers. In addition, the activities of authors and publishers is influenced by the case law of the Court of Justice of the European Union (CJEU). Therefore, EU institutions, through the directive on copyright in the Digital Single Market, are trying to create an appropriate legal framework for out‑of‑commerce works or confirm the right to fair compensation for publishers. A separate issue remains e‑lending, which is related to the possibility of borrowing e‑books. The development of the e‑book market was limited by different VAT rates of print and digital books, which was finally resolved by the European Parliament and the Council in 2017–2018. European institutions have an impact on the book market in Europe, where the European Commission has recently been trying to solve problems resulting from the interpretation of existing directives by the CJEU.


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