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Author: Marco Inglese
Publisher: Springer Nature
ISBN: 3030300404
Category : Law
Languages : en
Pages : 198
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Book Description
This book critically assesses how the rise of the collaborative economy in the European Union Digital Single Market is disrupting consolidated legal acquisitions, such as classical internal market categories, as well as the applicability of consumer protection, data protection, and labour and competition law. It argues that the collaborative economy will, sooner or later, require some sort of regulatory intervention from the European Union. This regulatory intervention, far from stifling innovation, will benefit online platforms, service providers and users by providing them with a clearer and more predictable environment in which to conduct their business. Although primarily intended for academics, this book also appeals to a wider readership, including, but not limited to, national and international regulators, private firms and lobbies as well as online platforms, consumer associations and trade unions.
Author: Marco Inglese
Publisher: Springer Nature
ISBN: 3030300404
Category : Law
Languages : en
Pages : 198
Get Book
Book Description
This book critically assesses how the rise of the collaborative economy in the European Union Digital Single Market is disrupting consolidated legal acquisitions, such as classical internal market categories, as well as the applicability of consumer protection, data protection, and labour and competition law. It argues that the collaborative economy will, sooner or later, require some sort of regulatory intervention from the European Union. This regulatory intervention, far from stifling innovation, will benefit online platforms, service providers and users by providing them with a clearer and more predictable environment in which to conduct their business. Although primarily intended for academics, this book also appeals to a wider readership, including, but not limited to, national and international regulators, private firms and lobbies as well as online platforms, consumer associations and trade unions.
Author: Vassilis Hatzopoulos
Publisher: Bloomsbury Publishing
ISBN: 1509917152
Category : Law
Languages : en
Pages : 299
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Book Description
'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.
Author: Mirela Mărcuț
Publisher: Springer
ISBN: 3319692275
Category : Business & Economics
Languages : en
Pages : 217
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Book Description
This book explores the intricate connection between the Single Market, characterized by the freedom of movement of goods, services, capital and labor within and across Europe, and the Digital Single Market, the virtual space that promotes freedom of movement of information and data. Both a result and catalyst of the Single Market, the Digital Single Market has become a different space from the Single Market, as the former is based on the application of information and communication technologies (ICTs), while the latter is the result of concerted actions and concessions by Member States in the European Union. The author argues that, similar to the Single Market, the Digital Single Market is an instrument, built by the influence of the Internet, which can provide a new means of socio-economic growth and development in Europe. While sharing many similar characteristics, the Single Market and the Digital Single Market diverge in important aspects, particularly with respect to policy. The research analyzes the interaction between policy actors, their influence in the European decision-making process, and their interests in order to establish a digital policy model, in comparison with market policy. Moreover, this volume considers the implementation process and the success of such initiatives under the current policy model, and puts forward policy recommendations. Ultimately, the author considers the utility of such research on digital policy, considering the current focus on migration, vulnerabilities to internal challenges (e.g., Brexit) and security threats, maintaining that the discussion of digital policies relates to an innovative vision of the European integration process and prospects for its future.
Author: Łukasz Dawid Dąbrowski
Publisher: Routledge
ISBN: 1000588289
Category : Business & Economics
Languages : en
Pages : 175
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Book Description
According to the European Commission, two recent policies: the Digital Service Act and the Digital Market Act will allow for the regulation of a significant part of the EU Digital Single Market (DSM), to an extent similar to the creation of the traditional internal market in the early 1990s. The provisions are intended to improve conditions in the EU DSM to ensure that the market is as free and fair as it is safe for users of the digital economy. This interdisciplinary book analyses the impact of digital technologies on specific markets and, more broadly, the society and the economy. It identifies and assesses the different features, challenges, trends and dimensions of the EU DSM, from a legal and economic viewpoint, and also from a Polish perspective. Poland is presented as one of the EU countries participating in the creation of the EU DSM and is analysed alongside the average, as well as the best and the worst performing EU member states and compared with other non-EU members. The book addresses several broad areas in which the implications of digitalisation are particularly visible, and which are important to the average person: giant online platforms, freedom of speech, e-commerce, digital levy, energy infrastructure, and the labour market. The authors have presented opportunities and threats related to the functioning of the digital market. These opportunities and threats are typical of highly developed countries while reflecting the specific features of the EU DSM. The starting point of the considerations are the diverse experiences of the EU member states. The book adds a voice to the public debate on the role of the digital economy in the contemporary world and will be a useful guide for students and researchers in economics, law, and international relations. Chapters 1 and 2 of this book are available for free in PDF format as Open Access from the individual product page at ww.routledge.com . They have been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Author: Antonio Manganelli
Publisher: Springer Nature
ISBN: 303089388X
Category : Law
Languages : en
Pages : 214
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Book Description
This book illustrates the challenges that regulators and policy makers have faced in the transition from the ‘old’ network industries to the new digital ecosystem. It succinctly describes the evolution of digital economy, its main actors, notably global digital platforms, as well as its interactions, interdependences, and trade-offs. Eventually, it proposes insights about why public rules are needed, what kind of rules could be more effective, fair, and efficient, and who should pose and enforce them. The book is opened by an introduction, dealing with Digital Transformation, Big Techs, and Public Policies, which provides a general conceptual and thematic framework to the following analysis but could be also read as a stand-alone paper. The following chapters are grouped in two parts: I. The Evolution of Digital Markets and Digital Rights, and II. Regulating Big Tech’s Impact on Market and Society. The secondary title - the European approach – has a twofold meaning. It highlights the fact that this work has a clear focus on EU law and policy - although the economic and institutional issues addressed are global phenomena, common to all world’s economies. In addition, it also underlines that European digital policy is not yet complete and effective. This book intends to provide a small contribution to the ongoing policy making process, as well as to the wider academic and policy debate.
Author: Francesco Ramella
Publisher: Routledge
ISBN: 1000261107
Category : Business & Economics
Languages : en
Pages : 193
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Book Description
Over the past few decades, the world economy has undergone radical transformations, in part connected to the expansion of the ‘digital economy’, in part to the growing interconnection via the internet of the world of objects and physical processes. This ‘great transformation’ poses the dilemma on the capitalism’s ability to reconcile economic and social value, keeping together economic well-being, social cohesion and political freedom. The Economy of Collaboration can offer a contribution in this direction but requires courageous policies to mediate the various interests at stake, as well as to rethink and make more sustainable its development, by increasing the benefits not only for businesses but also for workers and consumers. In short, to create shared value. This book refers to a mode of organizing the production, distribution and consumption of goods and services based on cooperative relations. The main reference is to activities linked to the digital economy, since they are the emerging forms of a definitely older phenomenon, but which is expanding on an ever-wider scale thanks to new technologies. These collaborative activities can be regulated differently, along a continuum that ranges from the pole of market exchanges to that of generalized reciprocity, with various intermediate mixed forms.
Author: Ulf Bernitz
Publisher: Kluwer Law International B.V.
ISBN: 9403512253
Category : Law
Languages : en
Pages : 685
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Book Description
Digitalization of societies has important ramifications for citizens and businesses. The digital landscape is rapidly changing, whereas at the same time there are growing concerns about how market access in the EU’s digital market as well as fundamental rights can be sufficiently safeguarded in the shadow of ‘big data’ and algorithms. This timely and important book presents expert analyses of how digitalization raises questions of the future role for general principles of European Union (EU) law, including the foundational principles of the EU’s fundamental economic freedoms and EU competition rules. Examining a number of issues revolving around the internal market, the digital single market, competition law, intellectual property, data protection, democracy and the rule of law, the contributors provide deeply informed insights of the challenges as to: effects of the technological disruption on the doctrine of general principles; the resilience of general principles in the digital society; the need to rely on new general principles in the digital society; the realization of the digital single market; the safeguarding of fundamental rights and the rule of law. The contributors are highly esteemed scholars from major European universities. A common theme is the need for judicial evolution of EU fundamental rights law in the digital era, alongside penetrating analyses of recent Court of Justice of the European Union case law on the impact of digitalization. Dealing as it does with an area of European law of particular complexity and rapidly growing importance, the anthology provides insights and knowledge about the ways in which digitalization is rapidly changing EU law. Are general principles of EU law as developed in an ‘analogue world’ sufficiently resilient to withstand the rapid and often disruptive developments taking place in the digital marketplace? The fresh look at the concept of ‘general principles’ taken by the various contributors helps to clarify the actual application in EU law in areas related to the ongoing digitalization of our society. It will be greatly appreciated by practitioners, policymakers and academics active in any of the many fields of law affected by the digital revolution.
Author: Tatiana-Eleni Synodinou
Publisher: Springer
ISBN: 3319649558
Category : Law
Languages : en
Pages : 433
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Book Description
This book provides an overview of recent and future legal developments concerning the digital era, to examine the extent to which law has or will further evolve in order to adapt to its new digitalized context. More specifically it focuses on some of the most important legal issues found in areas directly connected with the Internet, such as intellectual property, data protection, consumer law, criminal law and cybercrime, media law and, lastly, the enforcement and application of law. By adopting this horizontal approach, it highlights – on the basis of analysis and commentary of recent and future EU legislation as well as of the latest CJEU and ECtHR case law – the numerous challenges faced by law in this new digital era. This book is of great interest to academics, students, researchers, practitioners and policymakers specializing in Internet law, data protection, intellectual property, consumer law, media law and cybercrime as well as to judges dealing with the application and enforcement of Internet law in practice.
Author: Maria Jose Plana Casado
Publisher: Springer Nature
ISBN: 3030795047
Category : Law
Languages : en
Pages : 187
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Book Description
Retail is ‘going digital,’ and grocery shopping is no exception. While some businesses are relaying on their corporate website to make the sale, both traditional brick-and-mortar and new disruptive business models are increasingly using online marketplaces to offer their products online. European Union law has been gradually updated to reflect this new reality, with Intellectual Property Rights legislation and Consumer Law leading the way toward a suitable regulatory framework in the Platform Economy. However, the EU has not devised a comprehensive strategy for tackling the challenges posed by the online sale of physical consumer goods, such as effective public enforcement in online environments. In fact, sector-specific legislation, including Food Law, largely ignores online transactions. In this context, the book evaluates the impact that online marketplaces are having on European Union sector-specific legislation and its e-nforcement. The goal is to assess whether the existing regulatory and policy framework are sufficient for promoting compliance and bridging the enforcement gap in the digital single market. Focusing on the e-food market, the book presents a state-of-the-art overview of how online marketplaces are altering EU law and its enforcement by public authorities.
Author: Michelle Egan
Publisher: OUP Oxford
ISBN: 0191529524
Category : Political Science
Languages : en
Pages : 382
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Book Description
Efforts to tackle the trade impeding effects of divergent standards and regulations are at the core of European economic relations. This volume draws on literature from several disciplines to develop a comprehensive account of the regulatory strategies and institutional arrangements adopted by the EU in promoting the single market in goods. It provides a historical overview and detailed cases studies of the various policy initiatives that have altered the boundaries between the public and private sector in fostering market integration. Tackling interstate barriers to trade has relied heavily on European law to shape the framework of relations between states, and trade liberalization has been facilitated by legal rulings resolving territorial conflicts over regulatory jurisdiction and authority. The European Court of Justice has actively shaped markets, acting as a 'free trade umpire' in balancing the goals of market liberalization and market regulation while fostering market compliance. Although markets are absolutely dependent on public authority, the institutional innovation of the EU has been to use the private sector in an ancillary role to the state. By delegating responsibility to set standards for market access, the EU has chosen to draw on the resources of private actors, resulting in a system of governance that is a distinctive, hybrid model of regulation composed of state and non-state actors. Though the "outsourcing" of public sector regulatory activity was expected to be more effective than the process of regulatory harmonization, progress has been difficult. The current deficit in setting standards for European-wide market access raises concerns about the efficiency and effectiveness of such a regulatory regime. Egan provides a detailed evaluation of that process, highlighting regulatory gaps in the single market and the need to focus not only on the process of market integration, but also its outcome and impact on European business. Comparisons with American efforts to create a national market are made throughout to demonstrate the difficulties of constructing and maintaining a single market. American and European efforts to devise a uniform market for commerce and trade have involved both public and private authorities, though with different degrees of coordination and centralization, as many of the strategies undertaken by the EU echo earlier American market-building efforts.
