Varstvo potrošnikov in sodelovalno gospodarstvo

slovenian

2018

volume 44, issue 6/7

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

The most pressing issue of the sharing economy for consumer protection is the legal nature of relationships between parties involved in a transaction through an online platform. The application of the consumer protection rules depends on the determination of the legal nature of these relationships (i.e. online platform - buyer, online platform - provider and/or provider - buyer). In the EU, the rules on consumer protection apply as a lex specialis with regard to the general laws of obligations of the Member States, and can only be considered in cases where contracts are concluded between traders and consumers (B2C). If the legal nature of these relationships cannot be clearly defined, this causes uncertainty regarding the rights and obligations of the persons involved in an online platform transaction. The paper highlights this issue and provides an overview of consumer legislation that needs to be observed when contracting with consumers through online platforms.

25.03.2020