Contractual Relations in the Collaborative Economy and in the Digital Society

New technologies evolve exponentially and at such a rapid rate that it makes difficult for our socioeconomic and legal structures to adapt to the context in which they must be effective.
Relationships between individuals go beyond the traditional regulatory scheme, and although they open up new opportunities as a result of resurgent peer to peer relationships, they do so in an insecure and economically ambivalent legal context. Thus, and regarding the phenomenon of the collaborative economy, it is necessary to differentiate the heterogeneous relationships that occur through digital platforms and the different legal treatment that should be given to them due to the role of the parties involved in a relationship and in the set of relationships that are developed by a subject or on a platform.
This global change affects, without any doubt and significantly, the way in which the work is articulated. Technological development has given rise to new social and consumer habits that have shaped a diametrically different socioeconomic context, to which labour relations must adapt.
In this fickle scenario, the purpose of this work is to clarify not only the diagnosis, but also the solutions, in order to help the legislator to provide norms that anticipate and redirect some of the negative deviations of the phenomenon already mentioned, focusing especially on work place insecurity, exclusion from consumer protection regulations, unfair competition or tax evasion.

Dykinson, S. L.