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DIGITÁLNE PLATFORMY: SÚŤAŽNÉ PRÁVO VERZUS REGULÁCIA EX ANTE

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Kalesná K., Patakyová M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2021
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vol. 104
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issue 1
26 – 38
EN
Digital age has brought many challenges for legal regulation. One of vividly discussed issue is a question on possible regulation of digital platforms. Digital platforms have had an impact within business sphere as well as broader socio-political impact. This article aspires to contribute to the discussion on regulation of digital platform. In particular it explores application of competition law and regulation ex ante. It asks to what extent competition law can solve issues related with digital platforms. Since an exhaustive answer to the question is beyond the limits of one article, this article focuses on the definition of a digital platform, followed by a discourse on competition law and ex ante regulation. The possible insufficiencies of competition law are examined based on two cases: German Facebook case and Google Shopping case. The article shows that competition law might be reaching its limits in dealing with certain particular issues related to digital platforms.
2

CROWDWORKING A PERSPEKTÍVY DIGITÁLNEJ PRÁCE V BUDÚCNOSTI ALEBO (CROWDWORKING – PRÁCA BUDÚCNOSTI)?

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Barancová H.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2019
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vol. 102
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issue 4
291 – 302
EN
New forms and ways of working under the influence of progressing digitization of work processes nowadays significantly “disrupt“ legal models of traditional labour law relations in which an employee is legally secured by an indefinite and full-time employment. Due to the digitization process, the number of indefinite-term and full-time employment contracts is decreasing from year to year throughout the European Union. The economy is based on digital platforms, which have the potential to continue to grow, especially in the area of services where an individual performs his/her work via the Internet. The platform economy creates new legal models that go beyond the traditional framework of bilateral employment relationships between the employee and the employer. There is a digital platform between the work supplier and the jobseeker which, in some cases, acts only as an intermediary between the work supplier and the jobseeker. In practice, however, are frequent also legal situations in which the digital platform occurs in the legal position of an employer. A typical form of a platform economy is crowdworking as a work assigned to an anonymous crowd. This means a term which, from the grammar and legal points of view, has its terminological equivalent neither in the Slovak language nor in the Slovak legal order. In her paper, the author analyses whether a work in the form of crowdworking can also be performed within an employment relationship and under what legal conditions. A digital platform, although being not in the position of an employer, as a work’s intermediary performs in the existing practice also activities that are traditionally attributable to the employer, especially in the pre-contractual relationships as well as in negotiating the rewards for the work done. If the digital platform only serves as an intermediary, then does not have the legal position of an employer in relation to the work performer, and the individual performing the work is not in the position of an employee. If, beyond the mediation, the relevant digital platform checks, for example, also the performance of the work of an individual, then it is in the legal position of an employer. In connection with the dynamic development of crowdworking as a typical form of platform economy, the existing application practice creates already not only new legal models of work but also new types of contracts which the current labour law legislation defined in the Labour Code does not recognize or does not allow. The conclusions of the analysis bring creative author’s suggestions on how to grasp legally the new forms of work carried out through digital platforms, the development of which has a significant advance in relation to the current labour law regulation.
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