TY - JOUR
T1 - La tutela del contraente debole nella platform economy
AU - Smorto, Guido
PY - 2018
Y1 - 2018
N2 - In these last years entirely new business models have emerged in recent years, whereby online platforms use digital technologies to connect distinct groups of users in order to facilitate transactions for the exchange of assets and services. In front of this dramatic shift in business organisation, forms of employment and market structure, widespread calls for a more “levelled playing field” makes a strong argument for deregulating many economic sectors and delegating reg- ulatory responsibility to the platforms. Responses to these conclusions only focus on em- ployment issues, whilst a more general analysis of bargaining power in the platform econo- my is still lacking. This essay calls into question these conclusions and offers some critical reflection on disparities of bargaining power between digital platforms and their users, whether providers (employees or independent contractors) or customers. It demonstrates that platforms make frequent use of boilerplate, architecture and algorithms to leverage their power over users and presents some brief recommendations.
AB - In these last years entirely new business models have emerged in recent years, whereby online platforms use digital technologies to connect distinct groups of users in order to facilitate transactions for the exchange of assets and services. In front of this dramatic shift in business organisation, forms of employment and market structure, widespread calls for a more “levelled playing field” makes a strong argument for deregulating many economic sectors and delegating reg- ulatory responsibility to the platforms. Responses to these conclusions only focus on em- ployment issues, whilst a more general analysis of bargaining power in the platform econo- my is still lacking. This essay calls into question these conclusions and offers some critical reflection on disparities of bargaining power between digital platforms and their users, whether providers (employees or independent contractors) or customers. It demonstrates that platforms make frequent use of boilerplate, architecture and algorithms to leverage their power over users and presents some brief recommendations.
UR - http://hdl.handle.net/10447/296926
UR - https://www.francoangeli.it/riviste/Scheda_Rivista.aspx?IDArticolo=61928&Tipo=Articolo%20PDF&lingua=it&idRivista=19
M3 - Article
VL - 158
SP - 423
EP - 443
JO - GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
JF - GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
SN - 1720-4321
ER -