The first part of the paper examines the importance and relevance of the sharing economy for the. This reinvention is referred to by many namesthe sharing economy, collaborative consumption, the grassroots economyand involves different ways of meeting peoples needs, participating in production, and transacting with each other. Regulating innovation in the sharing economy, 16 m inn. The technology available to make real estate decisions is growing exponentially, with roughly 400. Read practicing law in the sharing economy online by janelle orsi. However, there are some legal and safety concerns that have yet to be resolved sharing economy businesses like airbnb and uber operate within legal gray areas, simply because existing laws are still catching up to how these businesses work. National sharing economy principles the sharing economy is changing how australians buy and sell goods and services. Labor wants to see all australians share the benefits of the sharing economy. Many state and local governments are scrambling to figure out how and if sharing economy. A group of friends may decide what movie to watch, a car.
Increasing numbers share their homes airbnb, cars relayrides and rides blablacar, and. Property implications of the sharing economy penn state law. Regulation and the sharing economy new york law journal. This article addresses a phenomenon of the sharing economy regulation and the european union competition law concerns its business models encounter or are likely to face in the foreseeable future. The sharing economy offers a wealth of opportunities for everyone involved, whether they are customers, hosts, or drivers. The sharing economy in the eu and the law of contracts rolf h. The current and future state of the sharing economy. Why people participate in collaborative consumption september 2016 journal of the association for information science and technology 679. But framing the issues in this ways misses a vital opportunity to probe more deeply into how we understand the role of lawand lawyers themselvesin opening up.
Third, the sharing economy means more options for workers and therefore both reduces the likely. Itmaycreate neweconomic activity, or it may displace less formal provision e. Practicing law in a sharing economy is an eye opening work and an outstanding resource that belongs on the bookshelves of every. The sharing economy and the competition and consumer act. In fact,it is from the online exchange of information that users determine whether to share their spaces. The workshop is being coorganized by dean hari osofsky, penn state law and. Sundararajan expressed concern about a users inability early on to establish a reputation, potentially leading to marginalization and exclusion from services. Diffusing ownership inherently dilutes a brand owners authority over the. The sharing economy in the eu and the law of contracts. Car sharing and ridesharing are both especially important parts of this sharing economy. While authors indicate that sharing is not a new phenomenon 6,91,99,106, the newness of the sharing economy seems to stem from the use of technology to facilitates the efficient mediation or. The sharing economy is an ecosystem where people exchange goods and services over the internet, free or for pay. Broadly, as brand owners distance from direct control over their marks and goods or services, they must maintain oversight over how their marks are used.
Ten slides for a ten minute presentation on the two polarities of the sharing economy the platforms and the commonsoriented outcomes. Also known as collaborative consumption or the peer economy, the term sharing economy first began to appear in the late 1990s and early 2000s as businesses such as ebay and craigslist rose to prominence when they created a market for underutilized assets, also known as the junk in your garage you. But this criticism missing a really important point. It leaves no stone unturned and includes a comprehensive discussion of the most relevant theoretical and empirical debates on a phenomenon that has reshaped social, economic, and labor relationships. The sharing economy might be a significant step toward more efficiently tapping into the wealth of physical things owned by individualsas. Regulators though vested with the powers to legislate and regulate for public health, safety, welfare, and morals should avoid find a regulatory balance that encourages the development of the outcomesoriented sharing. The sharing economy has grown tremendously over the past few years and is no longer just for the early adopters, but is starting to become an everyday feature of modern society. At the same time, it is changing how we think about work and the dividing line between our private goods and public assets. But as the worlds economic and ecological meltdowns demand that we redesign our livelihoods, our enterprises, our communities, our organizations, our food system, our housing, and much more, transactional lawyers are needed, en masse, to aid in an epic reinvention of. Sharing solution coauthor janelle orsi has published a new book practicing law in the sharing economy. May 20, 2015 the technologyenabled sharing economy is an increasingly significant social and economic phenomenon. Because the threat of enforcement actions can have a chilling effect on startups and their users, state and local government officials. European court of justice ecj, when applying eu competition law. Read unlimited books and audiobooks on the web, ipad, iphone.
Finally, regarding barriers to entry, these could take the form of legal, cultural, social and economic barriers that could weaken or obstruct the. Mehmed grand valley state university abstract the sharing economy, or the sharing of goods and services peertopeer, is expanding rapidly across the united states. Helping people build cooperatives, social enterprise, and local sustainable economies, by janelle orsi. The sharing economy describes a rise of new business models platforms that. Unlike for earlier generations of disruptive technology, the regulatory response to these new entrants has primarily been at the municipal level. Companies that use both techniques are on the rise in the sharing economyfrom clutter to pipeline to pivotdesk, the latter of which utilizes empty desksspace within leased of. Food for european lawyers article pdf available in maastricht journal of european and comparative law 236. New internetbased \sharing economy markets enable consumerowners to rent out their durable goods to nonowners.
Is the sharing economy just a scam to dodge good regulations. The sharing economy will inevitably become a major part of the global economy. And, importantly, simply extending existing sex discrimination law to the sharing economy may not alleviate these troubles. We model such markets, and explore their equilibria both in the shortrun, in which ownership decisions are xed, and in the longrun, in which ownership decisions can be changed. Regulatory approaches to the sharing economy by diego zuluaga, financial services research fellow, institute of economic affairs the sharing economy is based on reductions in transaction costs which enable exchanges that were previously not possible.
The sharing economy is transforming industry after industry over the past few decades. Law section october 67, 2017 call for papers this workshop at penn state law university park will bring together an interdisciplinary and transnational group of scholars to explore the many property implications of the sharing economy. The sharing economy and the competition and consumer act 2010 businesses in the sharing economy, like all businesses, are subject to australias existing competition laws. How the sharing economy disrupts law, transportation. The importance of the data economy has been acknowledged and many discussion papers are circulating regarding this subject. Start by marking practicing law in the sharing economy. The change of law is included in the deregulation act 2015, which received royal assent on 26 march 2015. Mar 01, 2015 ten slides for a ten minute presentation on the two polarities of the sharing economy the platforms and the commonsoriented outcomes. In the united states, there has been a vigorous debate about the sharing economy, which. The development and expansion of the sharing economy can spur economic growth, promote.
Part vii of the cca gives the accc the power to exempt sharing platforms from various competition laws where the commission is satisfied that doing so. Gar alperovitz, author of america beyond capitalism, and lionel r. In this report we examine the current state of the sharing economy, investigate the underlying economic. While authors indicate that sharing is not a new phenomenon 6,91,99,106, the newness of the sharing economy seems to stem from the use of technology to facilitates the. This is troubling for the legal sex equality project, whose goal has generally been to make sex less salient in the market. The fact that the sharing economy is a functioning economy through online platforms makes it difficult to evaluate it within the framework of taxation and legal. Businesses in the sharing economy, such as uber and airbnb, operate within a legal gray area. Weber abstract the concept of the share economy has not been developed in a meaningful way in the european union eu to date. Reviews of the practicing law in the sharing economy.
A few recent articles lately have criticized companies that exemplify the sharing economy as merely succeeding by breaking the law. Also known as collaborative consumption or the peer economy, the term sharing economy first began to appear in the late 1990s and early 2000s as businesses such as ebay and craigslist rose to prominence when they created a market for underutilized assets, also known as the junk in. Helping people build cooperatives, social enterprise, and local sustainable economies. Market definition and the sharing economy developing. Helping people build cooperatives, social enterprise, and local sustainable economies as want to. The presence of sharing economy suppliers that compete for the customers of the traditional firms is an element that supports the inclusion of that specific sharing economy in the traditional rm. Sharing economy businesses like airbnb and uber operate within legal gray areas, simply because existing laws are still catching up to how these businesses work. This is not only the cambridge handbook of the law of the sharing economy, it is the book on the sharing economy. Jan 03, 2017 the sharing economy might be a significant step toward more efficiently tapping into the wealth of physical things owned by individualsas opposed to corporationsbut its still vastly. As the sector has grown, denunciations have multiplied from an opposition ranging from mainstream liberal to the radical left. Defining the relevant market in the sharing economy. What, why, how by tree bressen every group makes decisions. Sharing economy platforms have experienced a meteoric rise in recent years, and are projected to grow rapidly in the near future.
Jun 30, 2016 abstract since the establishment of commercial sharing economy services like uber, blablacar, lyft, airbnb, taskrabbit, etc. Second, the sharing economy will not always displace more formalprovision e. To most law students and lawyers, practicing transactional law isnt an obvious path to saving the world. Smarter regulation for the sharing economy science the. When the idea first became widely recognized in 2011, it was dubbed by time magazine as one of the ten ideas that will change the world. In the sharing economy, could reputation replace regulation. Establishing the tax compliance norms for this emerging sharing economy industry in its infancy will assist the irs as this segment of taxpayers grows. On 27 january 2015, the coordinators of the european parliaments on internal committee market and consumer protection imco agreed to request a european added value assessment on the opportunities and challenges of the sharing economy. The sharing economy provides consumers with a number of benefits, including. Fair and efficient regulation of the sharing economy.
All royalties for this book go to the nonprofit sustainable. This new economy has challenged housing laws, broken traffic regulations, and created labor disputes around the globe. Bauman profess or of political economy, university of maryland. Helping people build cooperatives, social enterprise, and local sustainable economies aba books 2012 click here to buy a copy on the american bar associations website. The first part of the paper examines the importance and relevance of the sharing economy for the regulators. Law and ethics in the sharing economy linkedin slideshare. The new economy poses challenges to housing and traffic laws, and it has resulted in labor disputes in many places.
New internetbased \ sharing economy markets enable consumerowners to rent out their durable goods to nonowners. Read practicing law in the sharing economy by janelle orsi for free with a 30 day free trial. Property implications of the sharing economy penn state. Practicing law in the sharing economy provides an impressive roadmap to a range of innovative legal forms that can help communities build wealth and create the building blocks of a new economy. The sharing economy and consumer protection regulation. Transactional lawyers are needed, en masse, to aid in an epic reinvention of our economic system. Regulators though vested with the powers to legislate and regulate for public health, safety, welfare, and morals should avoid find a regulatory balance that encourages the development of the outcomesoriented sharing economy, while also reducing adverse. But framing the issues in this ways misses a vital opportunity to probe more deeply into how we understand the role of lawand lawyers themselvesin opening up the pathways of the sharing economy. Up to now about the publication we have practicing law in the sharing economy. On 6 march 2015, a new trade body for the sharing economy, sharing economy uk seuk, was launched. The cambridge handbook of the law of the sharing economy. Mar 05, 2015 sharing economy, or shareconomy, also goes by other names, such as collaborative economy, collaborative consumption peertopeer economy, and relationship economy, to name a few. Sep 23, 2017 businesses in the sharing economy, such as uber and airbnb, operate within a legal gray area simply because the law is still learning how these companies work. Todays sharing economy offers numerous opportunities for drivers, hosts, and customers, but certain safety and legal concerns still havent been resolved.
The first part of the paper examines the importance. Helping people build cooperatives, social enterprise, and local sustainable economies, by janelle orsi and jenny kassan aba books 2012. Practicing law in the sharing economy sustainable economies. Helping people build cooperatives, social enterprise, and local sustainable economies orsi, janelle on. In 2015 gross revenue from sharing economy companies across the eu doubled from 2014 and totaled 28 billion eur eu, 2016 and it is estimated to be worth 335 billion usd globally by 2025 pricewaterhousecoopers, 2015. Plus, sharing economy platforms, by depending heavily on reputation, can, as a side effect, marginalize newer or less affluent users. To most law students and lawyers, practicing transac. Collen ip, the sharing economy, section i page 10 property in the sharing economy. Seuk is a voluntary body that aims to represent and champion the sector and ensure good business practice. On 27 january 2015, the coordinators of the european parliaments on internal committee market and consumer protection imco agreed to request a european added value assessment on the. Perhaps best of all, the pdf work of sharing lawyer will contribute importantly to the creation of a world in which innumerable people have now decided they want to live. See janelle orsi, practicing law in the sharing economy.