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'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.
Across the EU, services are the cornerstone of the modern economy,
accounting for over 70% of national GDPs and over 90% of new jobs
created. Fostering trade in services has, accordingly, become
central to the EU's vision for developing the internal market. Yet
regulating services and their international trade is notoriously
complex, and controversial. For years the EU's efforts were limited
to sector-specific regulation in key areas, until the adoption of
the general Services Directive in 2006. Since then, confronted by
the limited success of traditional legal intervention, the EU's
attentions have shifted to alternative forms of regulation. This
book looks back on the historical development of services law,
discusses the nature of impediments to trade in services in the EU,
and explains the basic rules and principles applicable to such
trade. It also examines the recent development of alternative
regulatory methods, such as networking, the use of common
standards, private regulation, self-regulation, open methods of
coordination, and administrative cooperation. Taking a broad
perspective and placing services regulation within its economic
context, the author offers a thorough evaluation of current
regulatory methods alongside the alternative methods which could be
deployed. The book is the first to provide an overview of the
regulation of services in the EU.
'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.
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