scholarly journals Platform Contracts: Legal Framework and User Protection

2021 ◽  
Vol 8 (1) ◽  
pp. 49-64
Author(s):  
Maria Luisa Chiarella
Keyword(s):  
New Technologies ◽  
Legal Framework ◽  
Sharing Economy ◽  
Single Market ◽  
Digital Platforms ◽  
Widespread Phenomenon ◽  
Economic Reality ◽  
User Protection

Digital platforms are a very important economic reality, also in consideration of the epidemiological emergency which has increased online daily transactions. When we talk about digital markets, we refer to the transformation of the markets, induced by the exploitation and use of new technologies, in which digital contracts are an increasingly widespread phenomenon. This paper aims to give some hints about such issue and its legal framework. There are different elements to be considered: contract requirements, weaker party protection, sharing economy and some issue about the so-called “zero price economy”. In short, the paper summarises some profiles of legal relevance of such topical and wide subject. Keywords: Digital single market; Platform contracts; Sharing economy; Weaker party protection; Zero price economy.

scholarly journals In Trust We Thrive: What Drives the Sharing Economy?

2020 ◽  
pp. 49-68
Author(s):  
Kinga Szabó ◽  
Gauri Shankar Gupta
Keyword(s):  
Paradigm Shift ◽  
New Technologies ◽  
Legal Framework ◽  
Sharing Economy ◽  
Local Communities ◽  
Global Capitalism ◽  
Common Language ◽  
Digital Platforms ◽  
Societal Values ◽  
Modern Capitalism

Rapid growth of sharing economy in the last two decades may signal a paradigm shift in global capitalism and societal values. Digital platforms have brought together strangers with under-utilized capacities and assets with those who need them without looking for ownership. The radius of trust which was initially confined to family, friends and local communities; now encompasses strangers who speak no common language and who live oceans apart. Trust driven by Digital Identity (DI) and Trust and Reputation Information (TRI) have enabled what was considered as improbable or even impossible some years ago. Further expansion and deepening of trust, based on new technologies combined with international legal framework, has the potential to rewrite the apparatus of modern capitalism and societal values. Civil society and governments need to engage on this issue to guide them to a direction most beneficial for the society. However, the current extraordinary situation due to the Corona Virus pandemic, coupled with foreseeable tendencies for complete digital control, is likely to have far-reaching impact on the future development of sharing economy.

An analysis of meal sharing reviews to explore serendipity

2021 ◽  
Author(s):  
Marina A. Petruzzi ◽  
Áurea Rodrigues ◽  
Michelle Moraes ◽  
Antonia Correia
Keyword(s):  
European Union ◽  
New Technologies ◽  
Empirical Studies ◽  
Sharing Economy ◽  
Tourism Industry ◽  
The European Union ◽  
Digital Platforms ◽  
Traditional Markets ◽  
Potential Market ◽  
Positive Variation

In the period 2008-2018, the positive variation of tourism industry receipts was higher than the worldwide GDP growth (UNWTO, 2019a). In 2018, the European Union was the region with the highest total tourist receipts, while France and Italy were amongst the top six tourism earners in the world (UNWTO, 2019a). In the case of France, “consumer foodservice accelerated its digitalisation in 2018, which allowed for improved customer experiences and/or production optimisation. Whilst operators widely innovated in terms of digital tools to consolidate or gain share, digital usage varies significantly between channels” (Euromonitor International, 2019a: 45). The mentioned adaptation is not only related to the use of new technologies, but to the experience itself. In the Italian market, for example, “consumers are also showing themselves to be increasingly willing to try new products, ingredients and flavours” (Euromonitor International, 2019b: 33). Cross-cultural empirical studies confirm that novelty-change is a fundamental dimension inherent to innovation in food products (Guerrero et al., 2009). Another important aspect for travellers’ food experiences is surprise, which was related to the simplicity, complexity and genuineness of these moments (Goolaup, Solér & Nunkoo, 2018). In recent years, the number of innovative tourism experiences in terms of sharing economy initiatives has increased (WEF, 2019). Amongst the factors that influenced the growth of sharing economy after 2007 were the reduction of consumer trust in corporations and the purchasing power of consumers (European Union, 2013). In this context, some activities emerged and became key sectors in this area, such as home and car-sharing (Sigala, 2015), which is expected to present a revenue variation from USD 15 billion to USD 335 billion in the period 2014-2025 (UNWTO, 2019b). Concerning meal-sharing platforms, they are considered a potential market, which is currently underdeveloped (UNWTO, 2019b). Conceptually, the sharing economy can be defined as “individuals offering their underutilized assets to others using digital platforms” (Bakker & Twining-Ward, 2018: 13). Thus, amid the aspects that differentiate sharing economy practices from traditional markets are the digital technologies that are used to match consumers and sellers, as well as the word of mouth reviews (Schor, 2014; WEF, 2017). Furthermore, the sharing economy is used to be related to eco-friendly initiatives, like the circular economy (OECD, 2019).

scholarly journals The zero-hour contract in platform work. Should we ban it or embrace it?

2019 ◽  
pp. 29-43
Author(s):  
Anna Ginès i Fabrellas
Keyword(s):  
New Technologies ◽  
Sharing Economy ◽  
Working Time ◽  
Amazon Mechanical Turk ◽  
Digital Platforms ◽  
Independent Contractors ◽  
On Demand ◽  
Gig Economy ◽  
Provision Of Services ◽  
Time Regime

The aim of the paper is to analyze the zero-hour contract in the context of platform work; specifically, the risks and opportunities of this type of provision of services. In the context of the sharing economy and gig-economy, there have emerged multiple App-based companies that have significantly altered the way in which services are provided. Companies like Uber, Lift, Taskrabbit, Deriveroo, Glovo or Amazon Mechanical Turk have introduced new forms of work that have altered the boundaries of Labor Law. The model of these companies is the division of their production into microtasks, the externalization of their entire production to a wide number of independent contractors through an App or webpage and the hiring of each service on-demand. As a result, new technologies have allowed these companies to avoid hiring workers and to provide their services entirely through self-employed workers. This hiring on-demand implies the use, de facto, of the zero-hour contract, as platform workers are not subject to a specific working time regime, having absolute liberty to determine, not only their schedule, but also their working time and, even, their willingness to work. In this context, the aim of the paper is to analyze the zero-hour scheme in the context of platform work. The final objective of the paper is to determine, from a lege ferenda perspective, if jurisdictions should introduce this type of contract to promote the business model used by digital platforms or, on the contrary, if they should ban it.

scholarly journals Sharing Economy: the Business Model of the Digital Economy in the COVID-19 Period

2021 ◽  
Vol 65 (5) ◽  
pp. 87-94
Author(s):  
L. Belova
Keyword(s):  
Business Model ◽  
Industrial Revolution ◽  
New Technologies ◽  
Sharing Economy ◽  
Digital Economy ◽  
New Paradigm ◽  
Digital Platforms ◽  
Goods And Services ◽  
Force Majeure ◽  
The Impact

Received 17.09.2020. The author undertakes an attempt to analyze the impact of the COVID‑19 pandemic on the phenomenon of the sharing economy and the viability of this business model in force majeure circumstances. The sharing economy is a business model of the digital economy, born by the fourth industrial revolution during the Great Recession of 2008 and developing in the context of the unprecedented economic crisis of 2020, when the impact of the coronavirus pandemic simultaneously collapsed production, financial markets and consumer demand for goods and services, and the task of “conscious consumption” – to spend money correctly and reduce costs – became vital. The concept does not focus on ownership but rather on the sharing of assets and resources. A predictive construct is given: the sharing economy is not so much the introduction of new technologies to implement the world-old idea of renting on digital platforms, but a new paradigm of production and consumption and as such leads to a circular economy, causes systemic changes that form qualitatively new principles of business organization, the economy and society as a whole. The study concluded that the sharing model has proven its viability not only in a period of stable economic development, but also in a contemporary crisis, which is caused by the COVID‑19 pandemic. Moreover, it was during this period of force majeure that the sharing economy model showed its importance both in everyday life and in business. This allows us to conclude about the further growth of the sharing economy, the creation of new services – both in spite of and thanks to the COVID‑19 pandemic.

Principles for sharing economy formation in the digital society

2020 ◽  
Vol 16 (5) ◽  
pp. 800-821
Author(s):  
E.V. Popov ◽  
K.A. Semyachkov
Keyword(s):  
Network Effects ◽  
Sharing Economy ◽  
Network Effect ◽  
Industrial Society ◽  
Economic Activities ◽  
Digital Platforms ◽  
Digital Society ◽  
Modern Economy ◽  
Characteristic Features ◽  
The Impact

Subject. The article addresses economic relations that are formed in various areas of economic application of digital platforms. The target of the research is the modern economy of digital platforms across different economic activities. Objectives. The aim is to systematize principles for share economy formation in the context of the digital society development. Methods. We employ general scientific methods of research. Results. The study shows that the development of digital platforms is one of the most important trends in the development of the modern economy. We classified certain characteristic features of modern digital platforms, analyzed principles for their creation. The paper emphasizes that the network effects achieved through the use of digital platforms are an important factor in the development of the share economy. The network effect describes the impact of the number of the platform users on the value created for each of them. The paper also considers differences in the organization of traditional economy companies and companies that are based on the digital platform model, reveals specifics of changes in socio-economic systems caused by the development of digital platforms, systematizes principles of the sharing economy formation in the context of the digital society development. Conclusions. The analyzed principles for sharing economy development on the basis of digital platforms can be applied to create models for the purpose of forecasting the transformation of economic activity in the post-industrial society.

O Direito do Trabalho (des)conectado nas plataformas digitais

2019 ◽  
Vol 4 (1) ◽  
pp. 246-266
Author(s):  
Murilo Carvalho Sampaio Oliveira
Keyword(s):  
Social Relationships ◽  
Business Model ◽  
Economic Condition ◽  
Labor Law ◽  
Sharing Economy ◽  
Digital Economy ◽  
Business Activity ◽  
Digital Platforms ◽  
The Impact ◽  
Conditions Of Work

RESUMO:Este artigo trata dos impactos das plataformas digitais no Direito do Trabalho, tomando como exemplo sintomático o padrão da plataforma Uber. Inicia discutindo o cenário da economia digital e suas transformações nos modos de organizar a atividade empresarial, caracterizando a disrupção destas tecnologias e examinando criticamente se tais inovações situam-se realmente no discurso de economia do compartilhamento. Adiante, aborda as condições fáticas das plataformas de trabalho, questionando a dimensão formal-jurídica de liberdade e a condição econômica de hipossuficiência. Examina o caso da Uber como paradigma do modelo de organização empresarial desta economia digital e a situação dos seus motoristas tidos como parceiros para, ao final, pontuar algumas conclusões a cerca da necessidade do Direito Trabalho estar conectado com essas novas relações sociaisABSTRACT:This article deals with the impact of digital platforms in Labor Law, taking as a symptomatic example the standards of the Uber platform. It begins by discussing the the digital economy scenario and its transformations in the way business activity organize itself, characterizing the disruption of these technologies and critically examining whether such innovations are really part of the sharing economy speech. Hereinafter, it addresses the factual conditions of work platforms, questioning the formal-legal dimension of freedom and the economic condition of hypo-sufficiency. It examines the case of Uber as a paradigm of a business model organization in the digital economy and the situation of its drivers, taken as partners in order to, in the end of it, point some conclusions about the need of Labor Law to be connected with these new social relationships.

Post-digital prosumption and the sharing economy of space: The pay-per-minute cafe

2021 ◽  
pp. 146954052110220
Author(s):  
Alexandra Kviat
Keyword(s):  
Consumer Culture ◽  
Digital Technology ◽  
Sharing Economy ◽  
Digital Culture ◽  
Cultural Impact ◽  
Pricing Policy ◽  
Digital Platforms ◽  
Brick And Mortar ◽  
Physical Spaces

Although prosumption and the sharing economy are currently at the cutting edge of consumer culture research, little attempt has been made to explore the theoretical relationship between these concepts and approach them with a pluralistic, dynamic, nuanced and ethnographically informed lens moving beyond the dichotomies of capitalism versus anti-capitalism, rhetoric versus reality, exploitation versus empowerment and traditional versus digital consumer culture. This article addresses these gaps by focusing on the phenomenon of pay-per-minute cafes – physical spaces inspired by digital culture and meant to apply its principles in the brick-and-mortar servicescape. Drawing on a multi-site, multi-method case study of the world’s first pay-per-minute cafe franchise, the article shows a multitude of ways in which prosumption and the sharing economy, both shaped by different configurations of organisational culture, physical design, food offer and pricing policy, are conceived, interpreted and experienced by the firms and customers across the franchise and argues that conflicts and contradictions arising from this diversity cannot be reduced to the narrative of consumer exploitation. Finally, while both prosumption and the sharing economy are typically defined by the use of digital platforms, this article makes a case for a post-digital approach to consumer culture research, looking into the cultural impact of digital technology on traditional servicescapes.

scholarly journals Teleworking: A New Reality Conditioned by the Right to Privacy

Laws ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 64
Author(s):  
Carlos Arroyo-Abad
Keyword(s):  
New Technologies ◽  
Legal Framework ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Work From Home ◽  
Provision Of Services ◽  
The Right

Faced with protecting the right to privacy and, with it, the inviolability of homes, the development of new technologies and the possibility of developing work from home has opened the door to a series of new conflicts that require us to provide a specific legal framework by which such situations can be addressed. In the Spanish case, we speak of Law 10/2021 from 9 July on remote working. The objective of this study is to assess the scope as well as the problems that this law generates during its application, regarding controlling the provision of services. However, we not only identify the incidental factors, but also provide a necessary reinterpretation of the right to privacy from the perspective of the inviolability of homes, especially when its current articulation may operate to the detriment of employees’ rights, as contradictory as this may seem.

Doctors Playing Gods? The Legal Challenges in Regulating the Experimental Stage of Cybernetic Human Enhancement

2021 ◽  
pp. 1-27
Author(s):  
Thibaut Moulin
Keyword(s):  
New Technologies ◽  
Human Enhancement ◽  
Armed Forces ◽  
Legal Framework ◽  
Prisoners Of War ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Medical Progress ◽  
Unique Nature ◽  
The Military

The emergence of new technologies might challenge our assumptions about biomedical research: medical progress may not only cure but enhance human capacities. In particular, the emergence of brain-machine interfaces will admittedly allow disabled people to move or communicate again, but also has various military applications, such as remote control of drones and avatars. Although there is no express legal framework pertaining to the experimental phase of human enhancement techniques, they are actually constrained by international law. According to international humanitarian law, civilians and prisoners of war may be subjected to experiments only when required by their state of health or for medical treatment. According to international human rights law, experimentations are permissible when they meet two conditions: (i) free consent, and (ii) proportionality (that is, the adequacy of risk and benefit). In light of these conditions, this article assesses the situations in which experimentation involving brain-computer interfaces would be lawful. It also gives specific attention to those experimentations carried out on members of the armed forces. In fact, owing to the military hierarchy and the unique nature of its mission (to protect national security at the risk of their own lives), it is necessary to determine how the military may comply with this legal framework.

scholarly journals An apple a day – how the platform economy impacts value creation in the healthcare market

2021 ◽  
Author(s):  
Alexander Gleiss ◽  
Marco Kohlhagen ◽  
Key Pousttchi
Keyword(s):  
Value Creation ◽  
New Technologies ◽  
Healthcare Industry ◽  
Digital Platforms ◽  
Value Network ◽  
Healthcare Market ◽  
Network Analyses ◽  
The Social ◽  
Research Gap ◽  
Platform Economy

AbstractThe healthcare industry has been slow to adopt new technologies and practices. However, digital and data-enabled innovations diffuse the market, and the COVID-19 pandemic has recently emphasized the necessity of a fundamental digital transformation. Available research indicates the relevance of digital platforms in this process but has not studied their economic impact to date. In view of this research gap and the social and economic relevance of healthcare, we explore how digital platforms might affect value creation in this market with a particular focus on Google, Apple, Facebook, Amazon, and Microsoft (GAFAM). We rely on value network analyses to examine how GAFAM platforms introduce new value-creating roles and mechanisms in healthcare through their manifold products and services. Hereupon, we examine the GAFAM-impact on healthcare by scrutinizing the facilitators, activities, and effects. Our analyses show how GAFAM platforms multifacetedly untie conventional relationships and transform value creation structures in the healthcare market.

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