From the United States to Australia, through Europe, the different legislative levels of each state are analyzing what to do in the face of a phenomenon that has an unquestionable impact and some controversy with the conventional business sectors. How can we respond to the emergence of platforms and listen to traditional companies without harming consumers? Is it possible? Or is better leave the innovation free?
When it comes to regulating sharing or on demand economy, several positions can be adopted: to regulate the phenomenon with a general framework law; to regulate it by adopting new laws in each sector concerned (mainly accommodation and transport); to do so by amending certain articles in existing legislation; or not to adopt legislative measures if one does not opt for the laissez faire laissez passer, and to wait for the reaction of operators and, where appropriate, of the courts.
In doing this analysis, it is necessary, on the one hand, to know the legislation in force in that place and, on the other hand, to analyse how each platform operates in each place (since its operation changes from one territory and even from one time to another), in order to analyse in detail and in depth the real socio-economic impact at that time and in that specific place of a platform, insofar as the legislative and public policy decision must know that reality.
Having said that, there are some common general principles that any regulation and public policy affecting digital platforms should take into account: to give priority to the general interest and the rights of consumers and to monitor that the business models of digital platforms comply with their tax obligations and respect labour rights.
Do you think that the platforms comply with these principles in your countries? Are there any conflicts with these applications in your countries? What is the reason for this?