Legal nature of digital platforms as mere intermediaries or as providers of the underlying main service: Uber vs. Airbnb

Abstract

The rise of digital platforms, especially in the context of transport and accommodation services, has given rise to litigation and disputes, particularly order to clarify both, it is essential to first clarify the legal nature of the activity they provide: are they mere intermediaries and providers of an information society service, or are they actually providers of the underlying main service, in this case transport or accommodation?

This paper analyses the criteria regarding the legal nature of digital platforms that have been adopted first by the European Commission and subsequently by the CJEU and the Spanish Supreme Court.