The European Union must provide security to business and consumers but without putting any restrictions on the collaborative economy.
This is the position adopted on Wednesday 3 May by the European Parliament’s internal market and consumer protection committee in response to the communication from the Commission (see EUROPE 11564).
Overall, the draft non-legislative report prepared by Nicola Danti (S&D, Italy) regrets that the Commission does not further clarify current rules applicable to the different models of the collaborative economy, such as the “services” directive and the Community acquis on consumer protection. It is highly critical, for example, of the lack of clarification regarding the sensitive question of the system of responsibility governed by the e-commerce directive, which the Commission refuses to review. The draft report also calls for a distinction to be made between platforms that provide a service that is fundamentally the same as that provided by information society services.
The Parliamentary committee calls on the Commission to assess whether a change to current rules is appropriate or whether new rules are required, particularly with regard to “the active intermediaries and their requirements regarding information and transparency, non-performance and responsibility”. It suggests the drawing up of “additional guidelines to define effective criteria to distinguish peers from professionals”. MEPs believe these guidelines would help provide clarification and legal security, whilst taking into account the different legislation in member states and their specific economic situations, such as income levels, sector characteristics, the situation in which micro and small businesses are operating, as well as the profit motive for exercising the activity in question.
MEPs believe that a raft of general principles and criteria at an EU level, as well as common thresholds at a national level, could help to provide a way of moving forward and they are calling on the Commission to carry out a study in this regard.
The draft report also recommends that the Commission establishes an implementation framework for member states and that infringement procedures are undertaken in the event of poor or incomplete application of EU rules. It does, however, emphasise the added value of self-management and peer learning. It also highlights the necessity of the transparency of algorithms, the protection of workers’ rights and fair and balanced taxation. (Original version in French by Sophie Petitjean)