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HomeStudy on contractual relationships between online platforms and their professional users
Final report
Publication metadata
The Study on Contractual Relationships Between Online Platforms and Their Professional Users: comprehensively analyses 102 sets of contractual T&Cs governing the relationship between online platforms and their professional users, outlines the legal framework on the relationship between platform operators and their business users in 33 countries, defines what has to be considered fair in these relationships, suggests concrete fairness benchmarks for various legal practices that were found to be regulated in the T&Cs, and reviews the economic relevance of the reviewed practices and the business impact the application of the suggested benchmarks would have. The aim of the study’s first part is to gain an understanding of the extent of the use of potentially unfair clauses in the platform operators’ terms and conditions. The second part provides a comprehensive mapping of the legal framework in the 28 Member States as well as in Australia, China, Mexico, Switzerland and the USA with regards to their approach in regulating fairness in the contractual and pre-contractual sphere. In the third part the study develops an evidence-based and objective notion of what constitutes 'fairness' or 'good commercial practice' in relation to online platforms' T&Cs. On that basis it suggest benchmarks for various contractual practices taking into consideration the frequency of the respective practice, i.e. how common it is, its impact on the business user, the interests of the platform operator, and practical aspects of the implementation of the benchmark. The fourth part then provides an economic analysis of the influence of the potentially unfair practices on the parties and the business impact the implementation of the suggested benchmarks would have.
- Published:
- Corporate author(s): Directorate-General for Communications Networks, Content and Technology (European Commission) , EY
- Personal author(s): Koenen, Johannes ; Pavel, Ferdinand ; Krüger, Stefan
- Themes: Services , Information technology and telecommunications
- Subject: analysis of causes , copyright , data collection , data processing , data protection , data transmission , data-processing law , database management system , harmonisation law , information technology user , Internet , Internet access provider , Internet site , law relating to information
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| ISSN | ISBN 978-92-79-85628-0 | DOI 10.2759/950526 | Catalogue number KK-01-18-452-EN-N |