The legal qualification of collaborative platforms offering composite services. What consequences for consumer protection?

Abstract

This paper discusses the legal qualification of collaborative platforms offering composite services, and it aims at identifying a preliminary solution that could ensure a high level of consumer protection to users.

The paper argues that collaborative platforms should be considered providers of information society services according to the E-Commerce Directive, without precluding their classification as offline services providers in light of sector regulations.

Moreover, the paper focuses on contractual liability of platforms for non-performance by offline suppliers. The solution suggested is using the criterion of the decisive influence elaborated by the CJEU in Uber and Airbnb cases to define cases where a platform is obliged to compensate consumers for non-performance.