The vulnerable business user: the asymmetric relationship between the business user and the platform

Silvia Martinelli


The Paper analyses the weakness of the business users in multimedia habitat and, in particular, in the platform economy. It underlines the vulnerabilities of business users, unprotected by consumer law and data protection, in a market characterized by strong dominant position, high network effects and high switching costs. 

Firstly, it focuses on the governance and regulation power of the platform (and the weaker counter-part bargaining power of the business users) and on the prevision of the measures of suspension and termination of the services by the platform. 

Secondly, the paper analyses ranking algorithms regulation and differentiated treatment with regard to the interest of business users. 

Finally, it moves to data law and data access for analyzing article 9 of the Regulation 1150/2019 and suggests the introduction of further instruments to protect the business user and guarantee, at the same time, some improvement for competition.


Business user; platform; asymmetries; contract; data; fairness; user; data portability; data access

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