On Contractual Power of Digital Platforms

Q2 Social Sciences

European Business Law Review Pub Date : 2023-05-01 DOI:10.54648/eulr2023023

G. Alpa

引用次数: 0

Abstract

Digital markets and platforms are increasingly important in commercial life, and the way contracts are formed between users and platforms in multi-sided markets raise many important legal issues. This article interrogates the nature of multi-sided market contracting, and raises questions regarding the binding of users to standard terms, especially extensive limitations of liability. Platforms also govern the terms between supply and demand sides, many of which are standardised and not necessarily bargained for by users on the platform. This gatekeeper role should entail a heightened level of responsibility. Digital markets, platforms, gatekeepers, contractual formation, contractual exclusions, limitations of liability

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论数字平台的契约权力

数字市场和平台在商业生活中越来越重要，在多边市场中，用户和平台之间的合同形成方式引发了许多重要的法律问题。本文对多边市场合同的性质进行了质疑，并提出了有关用户受标准条款约束的问题，特别是广泛的责任限制。平台还控制着供需双方之间的条款，其中许多条款是标准化的，平台上的用户不一定会讨价还价。这个守门人的角色应该包含更高层次的责任。数字市场，平台，看门人，合同形成，合同排除，责任限制

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

European Business Law Review Social Sciences-Law

CiteScore

1.10

自引率

0.00%

发文量

期刊介绍： The mission of the European Business Law Review is to provide a forum for analysis and discussion of business law, including European Union law and the laws of the Member States and other European countries, as well as legal frameworks and issues in international and comparative contexts. The Review moves freely over the boundaries that divide the law, and covers business law, broadly defined, in public or private law, domestic, European or international law. Our topics of interest include commercial, financial, corporate, private and regulatory laws with a broadly business dimension. The Review offers current, authoritative scholarship on a wide range of issues and developments, featuring contributors providing an international as well as a European perspective. The Review is an invaluable source of current scholarship, information, practical analysis, and expert guidance for all practising lawyers, advisers, and scholars dealing with European business law on a regular basis. The Review has over 25 years established the highest scholarly standards. It distinguishes itself as open-minded, embracing interests that appeal to the scholarly, practitioner and policy-making spheres. It practices strict routines of peer review. The Review imposes no word limit on submissions, subject to the appropriateness of the word length to the subject under discussion.