Platform lawyer Archives - GOLDWIN Avocats
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Platform lawyer

The lighting development of digital platforms has created new stakes in the legal sphere. Airbnb, Amazon, Meta, Uber and even Parcoursup (studies assignment platform) bring up new legal challenges, to which Goldwin lawyers firm will answer expertly. From platforms regulation to the liability, see our platform law skills.

Skills

Our lawyers work in these areas:

What’s a digital platform?

Uber and the driver transport, Amazon and the purchase of different products, Cocolis and the co-convey between individuals, Parcoursup and the students assignment for their studies, browsers, social networks or crowdfunding platforms to fund a project… Digital platforms are so diversified that it’s hard to define them. Yet, platforms have one common objective: connect digitally various economic operators:

  • Intermediary between goods or services users;
  • Connection between users and a third-party
  • Provision of a free service, funded by ads incomes

By the way, the 2016 7th October law about the digital Republic defines online platform. But, it concerns only B2C platforms in their relations with customers. The law points the legal or natural person offering a profesionnal online public communication service based on:

  • The rank or content referencing on which, goods or services have been uploaded by third-parties;
  • The connection between parts in order to sell a good, a service or sharing a content, a good or a service.

What’s a platform law?

An emerging law

In the 2000’s, the first platforms are made without any specific norm. Firstly founded on the common law, the regulation has been developed, as the increase of the platforms progresses. It’s an under construction law. We find it in the fundamentals texts of the liability law, in the concepts of the internet law and in the regulation practical to some specific activity fields. Platforms law bring up new questions:

  • Platforms status as entity or digital intermediary;
  • Platforms obligations, based on equity and transparency;
  • Platforms liability;
  • Labor law and self-employed treatment;
  • Platforms consumer law
  • Specific rules in people and goods transports

A new innovation litigation

Platforms appearance brings up new legal stakes:

  • The development of an avoidance labor law strategy
  • The quasimonopolistic platforms position on their market;
  • The liability about their content

In this way, new litigations come up:

  • Reconsider the labor relationship;
  • Unfair competition, especially in the hospitality trade and cabs fields;
  • Illegal objects or content broadcasting

Platforms workers law

In a few years, the platforms economy increased lightly. Indeed, there are 28 million people who work through a digital platform in the European Union. Figures should reach 43 million people in 2025. So, the quality of the self-employed on platforms is becoming an European true stake. A directive project aims to improve their working conditions and a correct qualification of their status. The major litigation in matters of platforms concerns the self-employed legal qualification. Officially independents, a lot of workers have to respect the rules and platforms restrictions. So, they have a subordinate relationship resembling to the salaried employee. That’s why the European law wants to set up an employee legal presumption. In this case, the platform will have to prove the absence of a subordinate relationship and a labor relation.

Digital Services Act respect

The digital services act is an ensemble of measures which aim to make the platforms aware of their responsibilities against the illegal contents. This concerns all the operators, internet providers, market-places, social networks, content sharing platforms or travel and hosting platforms. In practice, the main objective is to fight against illegal products and illegal contents broadcasting:

  • Hate incitement
  • Racist attacks
  • Child pornographic images
  • Disinformation messages
  • Drugs, arms or fake deal

This European regulation aims to protect European internet users and their fundamental rights (freedom of speech, consumers protection) and help small companies to develop and face European or any international platform.   Contact your platform law lawyer!

Service

The platforms law is an emerging law under construction. It creates innovation litigation and specific questions to platforms workers. Whether operator or platforms user, contact our experts to answer your questions!

Why choosing a platform lawyer?

 

  • Make a risks cartography;
  • Elaborate a protection and valorisation of your activity strategy;
  • Control the conformity of the contracts;
  • Ensure the compliance of your legal status;
  • Secure our SGC (Sales general conditions) and legal notices;
  • Increase your growth;
  • Improve the confidence of your clients and users.

 

  • Define the legal status and the contractual architecture of your platform;
  • Elaborate all the contracts needed to make the platform operational;
  •  Ensure your platform projet GDPR conformity

 

  • Start your drop-shipping website;
  • Create your company with a legal conformity;
  • Write legal notices, GTC (General Terms and Conditions of Sale), GTCS (General Terms and Conditions of service), GTU (General Terms of Use);
  • Write the executive contract of your provider;
  • Be informed about consumer law obligations;
  • Ensure the GDPR conformity and cookies policy.

 

To face giant tourism operators like Airbnb, or another digital platform, your platform law lawyer will defend you in those laws:

  • Consumer law for an important breach
  • Labor law applied to a “false” self-employed;
  • Competition law for an unfair violation

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