La responsabilidad de las plataformas de economía colaborativa a la luz de la Ley 34/2002 de Servicios de la Sociedad de la Información

Collaborative economy platforms now play a fundamental role in the development of digital commercial relations and with the birth of this model of exchange, a series of legal questions have arisen that national and international legislators have preferred to approach cautiously. This paper examines the debate surrounding the liability of intermediaries through an analysis of the Law on Information Society Services and the dichotomy between the digital intermediary and the service provider, analysing the difficulties that exist in distinguishing between them and graduating their liability regime. With a view to the proposed Digital Services Regulation, the lack of current international legislation covering this casuistry means that it must be resolved by means of Private International Law rules to be subsumed in the domestic legislation of each country, although there are some “general” regimes of contractual and non-contractual liability, which will be the subject of study in this article.