Advance of the modern technology has enabled peer-to-peer (“P2P”) transactions on a larger scale than ever before and a wave of online marketplaces has emerged for “P2P” exchange services in various sectors. This thesis focuses on accommodation platforms, which enable individuals to advertise their apartments to potential guests worldwide and by that provide an alternative to visitors who are looking for something else than a hotel room. The objective is to reflect upon the present regulation of the liability of the platform operator and the need to adjust EU and national law to account the changing market structure. The author agrees with the position of the European Commission that online platforms should primarily be seen as an opportunity, however, a certain regulatory approach is inevitable. E-Commerce Directive provides certain obligations which should also be upheld by accommodation platforms, as the later can be regarded as “information society service providers”. However, the directive is scarce regarding the liability of the platform operator and its provisions are outdated.
The upsurge of online intermediary platforms has triggered regulatory initiatives in several EU member states. Recently, regulators at the European level have also started paying attention. However, a certain reluctance towards regulation can be observed, especially European Commission is trying to emphasize the importance of finding the right balance between regulation and innovation. An important step towards regulation of online intermediary platforms was made by a group of European legal scholars, who prepared a Discussion Draft of a Directive on Online Intermediary Platforms, which may serve as foundation for future legislation.
Slovenia has implemented the E-Commerce Directive and thus largely corresponds to the current situation in the European Union. However, attention should also be devoted to Real Estate Agencies Act, which could, with appropriate interpretation, apply to online accommodation platforms as well.
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