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The role of personal data and data protection in platform regulations affecting market competition
205-227Views:62The power of online platforms was established on personal data, which the European Union first sought to curb from the perspective of protecting natural persons with the provisions of the General Data Protection Regulation (GDPR), but also aimed to include the free flow of this data among its objectives. Exploiting the uncertainties related to the application of the GDPR and its not always effective enforcement, platforms have gained such market dominance through big data management and unfair market practices that they are capable of abusing it. Therefore, the experiences of traditional competition law investigations and merger control investigations have prompted the European Union to regulate these ex ante with targeted regulations. In fact, the regulatory need to address market competition concerning the handling of personal (and non-personal) data on platforms gave rise to platform regulations, many of whose provisions have grown out of the GDPR. This study examines the role of personal data and data protection in platform regulations.
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Living fabric on a metal frame, or the possibilities of asserting the claim of the "platform worker"
141-161Views:240Our aim in the present research is to present the theoretical and practical problems related to platform work, focusing on their subjects and possible legal gaps and other anomalies in legislation and enforcement.
The study is mainly based on two major pillars, in which – perhaps not in a very usual way –the old and current problem are presented, namely the classification issues related to employee status, the situation of employers, precisely the installation and enforceability of employer rights and obligations.
It is an undeniable fact that most of the studies in this field focus primarily on employee classification. Although, for the sake of this study, we want to focus on the relationship between the parties, as the legal relationship can be interpreted and analyzed in its entirety if – in addition to mapping the circumstances of the persons performing the work – the exercise of partial rights between the platform and the employer is sufficiently examined.