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Sharing Economy And Regulatory Strategies Towards Legal Change
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Book Synopsis Sharing Economy and Regulatory Strategies Towards Legal Change by : Gabriel Domenech-Pascual
Download or read book Sharing Economy and Regulatory Strategies Towards Legal Change written by Gabriel Domenech-Pascual and published by . This book was released on 2017 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of the sharing economy is transforming the way we produce and consume goods and services. This transformation requires a revision of current legal rules concerning sectors where the sharing economy is emerging. Taking the regulation of the taxi industry as a main example, this article analyses why those rules ought to be reviewed, the obstacles law makers have to face in order to perform such a task, and the regulatory strategies they could use for that purpose. The paper considers a variety of regulatory approaches including regulatory impact assessment, legal variation, the coexistence of different legal regimes, experimental legislation and compensation.
Book Synopsis Law and the "Sharing Economy" by : Derek McKee
Download or read book Law and the "Sharing Economy" written by Derek McKee and published by University of Ottawa Press. This book was released on 2018-11-27 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Controversy shrouds sharing economy platforms. It stems partially from the platforms’ economic impact, which is felt most acutely in certain sectors: Uber drivers compete with taxi drivers; Airbnb hosts compete with hotels. Other consequences lie elsewhere: Uber is associated with a trend toward low-paying, precarious work, whereas Airbnb is accused of exacerbating real estate speculation and raising the cost of long-term rental housing. While governments in some jurisdictions have attempted to rein in the platforms, technology has enabled such companies to bypass conventional regulatory categories, generating accusations of “unfair competition” as well as debates about the merits of existing regulatory regimes. Indeed, the platforms blur a number of familiar distinctions, including personal versus commercial activity; infrastructure versus content; contractual autonomy versus hierarchical control. These ambiguities can stymie legal regimes that rely on these distinctions as organizing principles, including those relating to labour, competition, tax, insurance, information, the prohibition of discrimination, as well as specialized sectoral regulation. This book is organized around five themes: technologies of regulation; regulating technology; the sites of regulation (local to global); regulating markets; and regulating labour. Together, the chapters offer a rich variety of insights on the regulation of the sharing economy, both in terms of the traditional areas of law they bring to bear, and the theoretical perspectives that inform their analysis. Published in English.
Book Synopsis Like Uber, But for Local Governmental Policy by : Daniel Rauch
Download or read book Like Uber, But for Local Governmental Policy written by Daniel Rauch and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past five years, “sharing economy” firms like Uber, ZipCar, AirBnB and TaskRabbit have generated both huge market valuations and fierce regulatory contests in America's cities. Incumbent firms in the taxi, hotel and other industries, as well consumer protection, labor and neighborhood activists, have pushed for regulations stifling or banning new sharing economy entrants. Sharing firms have fought back, using their popularity with consumers and novel political strategies, lobbying for freedom to operate as broadly as possible without government interference. But to date, both participants and observers of these “sharing wars” have relied on an unstated assumption: if the sharing firms win these fights, their future will be largely free from government regulation. Local governments will either shut sharing down, or they will leave it alone. But this assumption is almost surely wrong. If sharing firms prevail in the current fights over the right to operate (and indications suggest they will), it is unlikely that cities and states ignore them. Instead, as sharing economy firms move from being upstarts to important and permanent players in key urban industries like transportation, hospitality and dining, local and state governments are likely to adopt the type of mixed regulatory strategies they apply to types of firms with whom sharing firms share important traits, from property developers to incumbent taxi operators. Using tools of agglomeration economics and public choice, this Article sketches the future of such policy regimes. Specifically, local and state governments will adopt some combination of the following policies in addition to insisting on consumer/incumbent protections: (1) subsidizing sharing firms to encourage expansion of services that produce public goods, generate substantial consumer surplus and/or minimize the need for excessive regulation of the property market; (2) harnessing sharing firms as a tool for redistribution; and/or (3) contracting with sharing firms to provide traditional government services. The future of sharing economy regulation will be very different from its present, and the changes will pose profound legal, political and ethical questions for our cities.
Book Synopsis The Sharing Economy by : Maria Regina Redinha
Download or read book The Sharing Economy written by Maria Regina Redinha and published by Cambridge Scholars Publishing. This book was released on 2018-11-21 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sharing economy is just one of several possible expressions to designate the complex model of social and economic relationships based on the intensive use of digital technology. Constant permutations and combinations allow these relationships to be established through the intervention of a third party making traditional contractual positions flexible in such a way that today’s employee is tomorrow’s entrepreneur, or today’s consumer is tomorrow’s supplier of goods and services. The current legal framework is, in many respects, unable to accommodate such big changes and new legal regulations are required where adaptation of the existing ones proves to be inadequate. This book highlights where changes are needed and where adaptations are required, with a particular focus on the Portuguese, Spanish, Italian, British and Brazilian contexts. For that, four different approaches are undertaken, namely the meta-legal, macro-legal, micro-legal and transnational approaches. The study that results from these different approaches enables readers to acquire a general view on the current legal problems arising from the sharing economy, and was a direct result of a research project of the Centre for Legal and Economic Research, at the University of Porto, funded by Fundação para a Ciência e Tecnologia.
Book Synopsis The Cambridge Handbook of the Law of the Sharing Economy by : Nestor M. Davidson
Download or read book The Cambridge Handbook of the Law of the Sharing Economy written by Nestor M. Davidson and published by Cambridge University Press. This book was released on 2018-11-22 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook grapples conceptually and practically with what the sharing economy - which includes entities ranging from large for-profit firms like Airbnb, Uber, Lyft, Taskrabbit, and Upwork to smaller, non-profit collaborative initiatives - means for law, and how law, in turn, is shaping critical aspects of the sharing economy. Featuring a diverse set of contributors from many academic disciplines and countries, the book compiles the most important, up-to-date research on the regulation of the sharing economy. The first part surveys the nature of the sharing economy, explores the central challenge of balancing innovation and regulatory concerns, and examines the institutions confronting these regulatory challenges, and the second part turns to a series of specific regulatory domains, including labor and employment law, consumer protection, tax, and civil rights. This groundbreaking work should be read by anyone interested in the dynamic relationship between law and the sharing economy.
Book Synopsis The Sharing Economy in Europe by : Vida Česnuitytė
Download or read book The Sharing Economy in Europe written by Vida Česnuitytė and published by Springer Nature. This book was released on 2022-01-21 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book considers the development of the sharing and collaborative economy with a European focus, mapping across economic sectors, and country-specific case studies. It looks at the roles the sharing economy plays in sharing and redistribution of goods and services across the population in order to maximise their functionality, monetary exchange, and other aspects important to societies. It also looks at the place of the sharing economy among various policies and how the contexts of public policies, legislation, digital platforms, and other infrastructure interrelate with the development and function of the sharing economy. The book will help in understanding the future (sharing) economy models as well as to contribute in solving questions of better access to resources and sustainable innovation in the context of degrowth and growing inequalities within and between societies. It will also provide a useful source for solutions to the big challenges of our times such as climate change, the loss of biodiversity, and recently the coronavirus disease pandemic (COVID-19). This book will be of interest to academics and students in economics and business, organisational studies, sociology, media and communication and computer science.
Book Synopsis Perspectives on the Sharing Economy by : Indre Maurer
Download or read book Perspectives on the Sharing Economy written by Indre Maurer and published by Cambridge Scholars Publishing. This book was released on 2019-08-15 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sharing instead of owning is one of the major trends in modern (business) life. By changing how people consume, the rise of the sharing economy has the potential to redefine the role of owners, consumers and producers, change their mode of transaction, create innovative business models, disrupt existing industries, and challenge political and regulative institutions. In addition to these practical implications, the sharing economy phenomenon represents a novel playground for theoretical advancement, attracting a multitude of research and researchers from different disciplines. While this can potentially open up new avenues for practice and theory to stimulate each other, they do not seem to go hand-in-hand at the moment. This volume brings together research from a wide variety of theoretical backgrounds and disciplines to encourage academic discourse on the sharing economy phenomenon. It comprises contributions that are grounded in different theoretical perspectives, including business history, economics, strategic management, organization studies, information systems, political science, legal studies, linguistics, and semantics. While all contributions focus on the sharing economy phenomenon, they examine the subject from different disciplinary angles. Together, they provide a coherent and comprehensive overview of research on the sharing economy.
Book Synopsis First Principles for Regulating the Sharing Economy by : Stephen R. Miller
Download or read book First Principles for Regulating the Sharing Economy written by Stephen R. Miller and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article posits ten first principles on which a regulatory response to the sharing economy must rest. Given the rapid differentiation in the sharing economy, the Article gives particular focus to the short-term rental market, typified by Airbnb, as one lens through which to illustrate these principles. The Article then turns to review existing regulatory responses to the sharing economy. Here again, the Article focuses on regulations related to the short-term rental market with a particular emphasis on the two strictest existing local government regulatory structures, which are those of San Francisco and Portland. The Article next proposes a response beyond such traditional regulatory strategies, which this article asserts are not well suited to regulating the sharing economy. Instead, this Article proposes a markets-based mechanism, transferable sharing rights, which is better suited to internalize externalities of the most daunting challenges in the short-term rental market. Finally, the Article examines the corporatization of the sharing movement and the implications for regulations as sharing evolves from a peer-to-peer enterprise to a place where established market participants seek to assert themselves in the sharing economy's new domains.
Book Synopsis Sharing Economy. Regulatory Approaches for Combating Airbnb's Controversy Regarding Taxation and Regulation by : Julia Maurer
Download or read book Sharing Economy. Regulatory Approaches for Combating Airbnb's Controversy Regarding Taxation and Regulation written by Julia Maurer and published by Grin Publishing. This book was released on 2016-07-21 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bachelor Thesis from the year 2016 in the subject Law - Tax / Fiscal Law, grade: 1,1, language: English, abstract: Over the last few years, the sharing economy has grown substantially with new high-profile businesses emerging. Especially Airbnb became an integral part of the accommodation industry and disrupted traditional hotel and Bed and Breakfast businesses. However, at present, Airbnb has to face many controversies due to consumer safety, regulatory and tax evasion issues. As regulators and legislators established laws and regulations with the traditional economy in mind, they are not suited for the sharing economy and application often remains uncertain, especially in the area of taxation. Consequently, the difficulty of establishing an effective regulatory framework for the sharing economy is receiving considerable attention currently. Therefore, this thesis aims to identify some of the challenges that will be of concern to regulators when developing a regulatory framework and outlines some guiding principles for regulating Airbnb. Finally, this thesis finds that a self-regulatory approach could be the most effective solution to encounter the difficulties and controversy.
Book Synopsis The Sharing Economy by : Deni Vitković
Download or read book The Sharing Economy written by Deni Vitković and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article addresses a phenomenon of the sharing economy regulation and the European Union competition law concerns its business models encounter or are likely to face in the foreseeable future. The first part of the paper examines the importance and relevance of the sharing economy for the regulators, whilst the second part reviews potential systems of the regulation, that is, through the governmental and self-regulation mechanisms, with a highlight on the role of innovation and the consumers' perspective. The third part deals with the identified competition law concerns arising from both the dominant position and the possible mergers of the sharing economy undertakings within the EU. It is overall argued that the sharing economy changes the way of doing business for good, providing an alternative to the traditional markets and a better utilisation of unused assets, what calls for an effective and carefully tailored regulatory framework.
Book Synopsis Strategies for Business Sustainability in a Collaborative Economy by : Ramona Diana Leon
Download or read book Strategies for Business Sustainability in a Collaborative Economy written by Ramona Diana Leon and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book focuses on organizational tools and practices that may foster a company's success in the new economic context, which is defined by the faster pace of technological progress and the entrance of Generation Z on the labor market"--
Book Synopsis When Everything is Small by : Kellen Zale
Download or read book When Everything is Small written by Kellen Zale and published by . This book was released on 2018 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sharing economy -- the rapidly evolving sector of peer-to-peer home-sharing and ride-hailing transactions facilitated by platforms like Airbnb and Uber -- offers the potential for economic growth, greater sustainability, and expanded access for underserved groups. But the massive number of small-scale activities facilitated by these platforms is also resulting in negative cumulative impacts and exposing regulatory fractures, from the loss of long-term rental housing to discrimination against protected classes to increased burdens on public infrastructure.This Article contends that scale is a defining feature and fundamental challenge of the sharing economy. Small may be beautiful, but when everything is small, the regulatory challenge is immense. Small-scale activities that once fit the criteria for light or no regulation are occurring at scales at which non-regulation makes little sense. As the sharing economy becomes an increasingly large segment of the public accommodations and transportation markets, the traditional ways we distinguish between activities that we should regulate and those we treat with regulatory leniency no longer fit. Existing regulatory systems, from civil rights and environmental law to consumer protection and tax law, do not map neatly onto the configuration of scale in the sharing economy. This regulatory misfit threatens to result in inequitable and discriminatory outcomes across the sharing economy.Effective governance of the sharing economy requires a more complete understanding of the role of scale. This Article investigates the implications of scale in the sharing economy, focusing on the prominent sectors of home-sharing and ride-hailing. The Article unpacks how massive numbers of home-sharing and ride-hailing activities are producing negative cumulative impacts and exposing regulatory fractures, which threaten to undermine a range of important public policies -- including affordable housing, civil rights, and consumer protection -- and considers possible legal regimes for responding to scale.
Book Synopsis LAW OF THE SHARING ECONOMY. by : SHELDON. BURSHTEIN
Download or read book LAW OF THE SHARING ECONOMY. written by SHELDON. BURSHTEIN and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Collaborative Economy and EU Law by : Vassilis Hatzopoulos
Download or read book The Collaborative Economy and EU Law written by Vassilis Hatzopoulos and published by Bloomsbury Publishing. This book was released on 2018-02-22 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Disruptive innovation', 'the fourth industrial revolution', 'one of the ten ideas that will change the world'; the collaborative/sharing economy is shaking existing norms. It poses unprecedented challenges in terms of both material policies and governance in almost all aspects of EU law. This book explores the application – or indeed inadequacy – of existing EU rules in the context of the collaborative economy. It analyses the novelties introduced by the collaborative economy and discusses the specific regulatory needs and instruments employed therein, most notably self-regulation. Further, it aims to elucidate the legal status of the parties involved (traders, consumers, prosumers) in these multi-sided economies, and their respective roles in the provision of services, especially with regard to liability issues. Moreover, it delves into a sector-specific examination of the relevant EU rules, especially on data protection, competition, consumer protection and labour law, and comments on the uncertainties and lacunae produced therein. It concludes with the acute question of whether fresh EU regulation would be necessary to avoid fragmentation or, on the contrary, if such regulation would create unnecessary burdens and stifle innovation. Taking a broad perspective and pragmatic view, the book provides a comprehensive overview of the collaborative economy in the context of the EU legal landscape.
Book Synopsis Legal Tech and the New Sharing Economy by : Marcelo Corrales Compagnucci
Download or read book Legal Tech and the New Sharing Economy written by Marcelo Corrales Compagnucci and published by Springer Nature. This book was released on 2019-12-13 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: The exponential growth of disruptive technology is changing our world. The development of cloud computing, big data, the internet of things, artificial intelligence, machine learning, deep learning, and other related autonomous systems, such as self-driving vehicles, have triggered the emergence of new products and services. These significant technological breakthroughs have opened the door to new economic models such as the sharing and platform-based economy. As a result, companies are becoming increasingly data- and algorithm-driven, coming to be more like “decentralized platforms”. New transaction or payment methods such as Bitcoin and Ethereum, based on trust-building systems using Blockchain, smart contracts, and other distributed ledger technology, also constitute an essential part of this new economic model. The sharing economy and digital platforms also include the everyday exchange of goods allowing individuals to commodify their surplus resources. Information and innovation technologies are used in order to then match these resources with existing demand in the market. Online platforms such as Airbnb, Uber, and Amazon reduce information asymmetry, increase the value of unused resources, and create new opportunities for collaboration and innovation. Moreover, the sharing economy is playing a major role in the transition from exclusive ownership of personal assets toward access-based exploitation of resources. The success of online matching platforms depends not only on the reduction of search costs but also on the trustworthiness of platform operators. From a legal perspective, the uncertainties triggered by the emergence of a new digital reality are particularly urgent. How should these tendencies be reflected in legal systems in each jurisdiction? This book collects a series of contributions by leading scholars in the newly emerging fields of sharing economy and Legal Tech. The aim of the book is to enrich legal debates on the social, economic, and political meaning of these cutting-edge technologies. The chapters presented in this edition attempt to answer some of these lingering questions from the perspective of diverse legal backgrounds.
Book Synopsis The Sharing Economy and Consumer Protection Regulation by : Christopher Koopman
Download or read book The Sharing Economy and Consumer Protection Regulation written by Christopher Koopman and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of the sharing economy has changed how many Americans commute, shop, vacation, and borrow. It has also disrupted long-established industries, from taxis to hotels, and has confounded policymakers. In particular, regulators are trying to determine how to apply many of the traditional “consumer protection” regulations to these new and innovative firms. The key contribution of the sharing economy, however, is that it has overcome market imperfections without recourse to traditional forms of regulation. Continued application of these outmoded regulatory regimes is likely to harm consumers. We argue that the Internet, and the rapid growth of the sharing economy, alleviates the need for much of this top-down regulation, with these recent innovations likely doing a much better job of serving consumer needs. When market circumstances change dramatically -- or when new technology or competition alleviates the need for regulation -- then public policy should evolve and adapt to accommodate these realities. This paper concludes with some proposals for further research in this area, and a call for a more informed regulatory approach that accounts for the innovations of the sharing economy.
Book Synopsis Betwixt and Between by : Abbey Stemler
Download or read book Betwixt and Between written by Abbey Stemler and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Airbnb, Uber, Eatwith, and other sharing economy platforms facilitate short-term rentals, transportation, meals, and even pet sharing. These “sharing economy” companies are part of what is also called “collaborative consumption” or “the peer-to-peer economy.” The companies in the sharing economy use technology to connect people who have private excess capacity to those who want to purchase it. Rather than staying in a hotel, customers can stay in a spare bedroom through Airbnb; rather than hiring moving companies, customers can get help moving via TaskRabbit; rather than going to a restaurant, customers can have a meal prepared for them in someone's home via Eatwith. TIME Magazine listed the sharing economy as one of the ten ideas that will change the world, and Forbes estimates that the revenue flowing through the sharing economy will surpass $3.5 billion in 2014, with growth exceeding 25%. At that rate, peer-to-peer sharing is moving beyond a fringe movement and becoming a disruptive economic force. Look only to Airbnb, which at six years old has a valuation of $13 billion, much higher than the Hyatt hotel chain ($10 billion), and Uber, which at four years old has a valuation of $40 billion, greater than Hertz, Avis, and Enterprise combined. Companies using this relatively new business model have faced innumerable legal challenges. In some places, platforms are simply banned from operating; in others, supply-side users or the platforms themselves are punished. The reason for the difficulty and uncertainty is that the sharing economy is in a “betwixt and between space” -- it does not fit within existing legal frameworks. Platforms view themselves as online companies regulated by Internet law, though they execute mostly in the offline world. Furthermore, sharing economy platforms are facilitating transactions that have always been legal, but are now executed on such a large scale that the potential for harm to the public is very real. What are the rules when the lines blur between giving a friend a ride to the airport and operating as a professional driver? This paper argues that existing laws cannot effectively regulate the sharing economy, because the sharing economy is uniquely comprised of individuals profiting from their personal excess capacity. These individuals operate microbusinesses, which cannot, without devastating consequences, be regulated like traditional businesses. The paper proposes a new framework for regulators that will support the benefits of the sharing economy while still achieving regulatory goals such as fraud prevention, safety, revenue, risk allocation, and fair competition.
