Liability of the collaborative economy platforms in the light of Law 34/2002 on Information Society Services

Abstract

Collaborative economy platforms play a fundamental role in the development of interparty relations. With the birth of this exchange model, a series of legal questions are generated that national and international legislators have preferred to address in a cautious manner. The ruling of the TJEU of 13 May 2014 (C?131/12, ECLI:EU:C:2014:317) on the Right to Oblivion reopens the debate on the liability of intermediaries as the lack of international legislation covering this case studies implies that it must be resolved by means of Private International Law rules in order to be subsumed into the domestic legislation, although there are "general" regimes of contractual and non-contractual liability, which will be the subject of this article