Contractual Relationships in Collaborative Economy Platforms

Abstract

The collaborative economy platforms have become part of the lives of many citizens; their number is growing day by day and covers many sectors of the market. However, it is a deregulated sector because the existing regulations are very difficult to apply, due to the complexity of contractual relationships in three bands (platform, provider and user), which causes uncertainties about which of the parties involved should be subject to the rules. This paper seeks to clarify the respective relationships and contractual positions of each of the three parties and, especially, of the platforms, in order to determine what their rights, obligations and responsibilities are. First, the contract between provider and user (the underlying contract by which the goods or service are provided) is studied, whose most notable problem derives from being a contract between strangers, based on data that they themselves have published on the platform website. Next, the contractual relationships of the clients (provider and user) with the platforms are studied, distinguishing three types of platforms, according to the function they perform in the contract between the provider and the user (the underlying contract). The conclusion reached is that the legal position of the first type of platforms is very similar, although with nuances, to which the Internet Service Providers (ISPs) have data hosting. The position of those of the second group is similar to that of an agent. Finally, the position of the platforms of the third type is distinctive since it is obliged to provide a service, but uses a third party (auxiliary or subcontractor) to carry it out.