ELI Model Rules on Online Platforms
Project Type: Model RulesProcedure: RegularAdopted: CD 2016/6 (on Projects) Project Period: January 2017āDecember 2019
An overview of past and upcoming events of this project is available here.
The following version is available: Japanese.
A selection of citations about the project is available here.
The project aimed to develop model rules on online platforms that set out a balance between conflicting policy options, and demonstrate what potential regulation at EU or national level could look like.
Background
The digital economy is increasingly shaped by online platforms serving as marketplaces where customers can buy goods or book services (eg Airbnb, Uber, Amazon). Their dynamics can be difficult to reconcile with the currently existing regulatory framework at EU level.
The rise of online platforms is one of the fundamental economic and societal developments of recent years. The rapid growth of the āplatform economyā has triggered a debate over whether the regulatory framework has to be adjusted in order to adequately reflect the changing market structure. In particular, the recalibration of rights and duties in the triangle between suppliers, customers and platform operators is currently being discussed. Recently, the first steps towards a regulatory framework for the platform economy have been taken at European and national level. However, regulation remains fragmented and sometimes inconsistent.
Aim and Outcome
The ELI Project Team has drawn up a set of Model Rules that is meant as a contribution to the ongoing debate and provides a āvisualisationā of how a balanced approach could look, if regulatory action is considered necessary. It goes without saying that the ELI Model Rules cannot address all possible legal aspects of the platform economy. More precisely, these rules only deal with one core aspect of online platforms: the relationship between platform operators and platform users. What are the duties of platform operators towards platform users? In which cases may operators be liable towards users? What are the minimum requirements regarding fairness and the transparency of platforms? How should reputation systems for the collection of customer reviews be designed? Should there be a right to the portability of āreputational capitalā?
With regard to these questions, the ELI Model Rules not only aim to consolidate existing European and national legislation, but also provide some innovative solutions for issues that could be addressed in forthcoming regulatory initiatives, in particular platform liability and reputation systems. These rules draw inspiration from European and national legislation, recent case law as well as other regulatory instruments such as international standards.
The ELI Model Rules are based on the premise that the existing rules of competition law are necessary, but not sufficient for ensuring fairness in the digital economy. These rules, which are applicable independently of any threshold regarding market power, are meant to complement antitrust rules. From this perspective, the ELI Model Rules could provide a source of inspiration for European and national legislators or industry self-regulation.
Christoph Busch
Gerhard Dannemann
Hans Schulte-Nƶlke
Aneta Wiewiorowska-Domagalska
Fryderyk Zoll
Fabrizio Cafaggi
Carolin Cauffman
Alberto De Franceschi
Agnieszka JabÅonowska
Monika Jagielska
Vanessa Mak
Hans Micklitz
Jeremias Adams-Prassl
Teresa Rodriguez de las Heras Ballell
Juliette SƩnƩchal
Marie Jull Sorensen
Anne de Vries
Tina de Vries
CĆ©lia Zolynski
Luisa Clode
Bertrand Debosque
Judita Dolžan
Marta Infantino (Assessor)
Byung Jun Lee
Irene Kull
Damjan Možina (Assessor)
Kunihiro Nakata
Gerald Spindler
Jos Uitdehaag
Christiane Wendehorst
Marilies Zinner
Paul Abbiati
Hans-JĆ¼rgenn Ahrens
Elena Bargelli (Chair)
MaÅgorzata Boszko
Federica Casarosa
Concetta Causarano
Kosjenka DumanÄiÄ
EFTA Surveillance Authority
Wian Erlank
MichĆØle Finck
Marco Giacalone
PatrĆcia GuimarĆ£es
Georg Gutfleisch
Martin Husovec
Paola Iamiceli
Liliya Ivanova
VĆ”clav JaneÄek
Ana KegleviÄ Steffek
Lilia Kisseva
Michael Lehmann
Renato Mangano
Felix Maultzsch
Sophie Moreil
Pascal Pichonnaz
Jerzy Pisulinski Pisulinski
Sara RodrĆguez MarĆn
Johannes Safron
Marta Santos Silva
Renate Schaub
Hanna Schebesta
StƩphanie LaulhƩ Shaelou
Matthias Storme
Julia Suderow
Iannis Symplis
Yanko Xavier
Miguel Pestana de Vasconcelos
UniversitƩ Catholique de Louvain (UCL) Institut pour la Recherche Interdisciplinaire en Sciences Juridiques (JUR-I)
European Law Institute Secretariat Schottenring 16, Top 175 1010 Vienna AustriaT: +43 1 4277 221 01F: +43 1 4277 922 [email protected] 20. Icon facebook 21. Icon twitter 22. Icon youtube 23. Icon linkedin
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