- This article is originally published by Philip Verhaeghe, a freelance editor at Nextconomy.be (and Zipconomy.nl) in June 2024. The article is available in Dutch here.
The newly released book, “Platformeconomie,” serves as an effective guide through the complex legal landscape of the platform economy. This comprehensive and well-written 332-page Larcier Intersentia volume is an invaluable resource for any practitioner interested in keeping an eye on the recent legal and political developments associated with the “platform economy” in Europe (and Belgium in particular).
Legal Challenges
These are dynamic times for companies operating within the platform economy, as an increasing number of transactions and interactions occur through online intermediaries such as Uber, Airbnb, Deliveroo, Taskrabbit, Helpling, and Lyft. Despite the proliferation of these platforms, the digital economy is often poorly understood. Various terms — sharing economy, collaborative economy, peer-to-peer economy, on-demand economy, and the gig economy — are used interchangeably, reflecting the complexity and novelty of this sector.
The rise of the platform economy poses very significant legal questions, particularly within contract law, labour law, and competition law:
- Liability: To what extent are platforms responsible for the actions of their users?
- Labour Opportunities: Does platform work generate new economic opportunities, or does it primarily undermine existing labour protections?
- Competition: Where lies the boundary between innovation and unfair competition?
Authors and Regulatory Landscape
The existing legal frameworks need help to keep pace with the disruptive nature of the platform economy. Recent years have seen the introduction of several new legal instruments at both national and European levels, including the Omnibus Directive (2019), the Platform-to-Business (P2B) Regulation (2019), the Digital Services Act (2022), and the much-anticipated Platform Work Directive (2024). These developments have resulted in a complex mix of old and new regulations.
The three authors of “Platformeconomie” have meticulously mapped the legal landscape of the platform economy, supported by nearly 1,500 footnotes referencing relevant legislation, policy documents, and academic literature.
- Bram Devolder, a doctoral assistant at the Centre for Legal Methodology in Leuven and a lawyer at Eubelius, addresses contractual relationships, legal liabilities, and consumer protection in the platform economy in Chapter 1.
- Matthias Wouters, a legal adviser at the Swiss Institute for Comparative Law and an associate at the Institute for Labour Law in Leuven, explores labour relations and the application of Belgian labour law to the platform economy in Chapter 2.
- Friso Bostoen, an assistant professor of Competition Law and Digital Regulation at Tilburg University, delves into competition issues within the platform economy, including price clauses, dominant positions, and mergers in Chapter 3.
Labour Relations and Legislative Implications
Matthias Wouters’ chapter on labour relations is particularly relevant. In a December 2021 interview (available in Dutch), he expressed hope that a European directive would prompt Belgian policy makers to develop a coherent strategy for regulating platform work. However, he acknowledged that platform work presents unique challenges due to its novel relationships, concepts, and dynamics. More than two years later, his concerns remain pertinent.
Wouters notes that the authors of “Platformeconomie” wisely delayed publication until there was clarity on European regulatory direction. On March 8, 2024, a consensus was reached on the content of the Platform Work Directive. Wouters’ chapter incorporates necessary adjustments to reflect the latest developments.
For Wouters, “platform work” is a flexible concept that may survive more as a legal construct than an objective business model. He emphasizes that Belgian labour law is predominantly employee-focused, posing challenges to extending social protections to self-employed platform workers. He cautions against creating another separate legal status, similar to those for temporary agency work, employer groups, and ‘flexi-jobs’.
Recommendations for Labour Legislation
Wouters advocates for caution in issuing special regulations in Belgium, suggesting that existing labour laws should be revisited in light of algorithmic management by labour platforms. He highlights the complexity of interactions between algorithms, employment regulations, working hours, and remuneration, which are not fully addressed by the directive. Thus, new rules on algorithmic management alone will not resolve the challenges posed by platform work.
Belgian legislators must soon transpose the European directive on algorithmic management into national law. Wouters recommends a thorough consideration of this process, as these rules may become partially applicable to non-digital employers as well. He suggests a broader legislative initiative to modernize Belgian labour law, incorporating platform work and other contemporary labour market developments, rather than merely transposing the directive.
Concluding Remarks
“Platformeconomie” is a significant contribution to understanding the legal complexities of the platform economy. As Matthias Wouters insightfully notes: in terms of employment status, today’s Uber drivers are tomorrow’s taxi drivers, while in terms of algorithmic management and working conditions, today’s taxi drivers are tomorrow’s Uber drivers.
This publication is a timely and essential resource for navigating the evolving legal landscape of the platform economy. You can get your copy at the link below:
https://www.larcier-intersentia.com/en/de-platformeconomie-9789400016033.html