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The relevance of contracting and self-regulation in consumer markets has increased rapidly in recent years, in particular in the platform economy. Online platforms provide opportunities for businesses and consumers to connect with strangers, often across borders, trading products, and services. In this new economy, platform operators create, apply and enforce their own rules in their contractual relationships with users. This book examines the substance of these rules and the space for private governance beyond the reach of state regulation.Vanessa Mak explores recent developments in lawmaking 'beyond the state' with case studies focusing on companies such as Airbnb and Amazon. The book asks how common values and objectives of EU law, such as consumer protection and contractual fairness, can be safeguarded when lawmaking shifts to a space outside the reach of state law.
This book investigates how the shift toward private governance and self-regulation by online platforms impacts the enforcement of European Union consumer protection standards and contractual fairness. Vanessa Mak, a professor of private law, utilizes a legal-analytical framework to examine the tension between state-mandated regulations and the autonomous rule-making power of digital intermediaries. By analyzing the operational models of major platforms, the author argues that the increasing reliance on private ordering necessitates a re-evaluation of how EU legal objectives are maintained in a borderless digital marketplace.
What You Will Find
Legal scholars and practitioners recognize this work as a significant contribution to the discourse on the intersection of digital markets and private law. Experts frequently highlight the text for its clear articulation of the challenges posed by platform-based self-regulation in the European legal landscape.
Page Count:
288
Publication Date:
2020-11-10
Publisher:
Oxford University Press
ISBN-10:
019885448X
ISBN-13:
9780198854487
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