JAN 2018
The Uber Case, Myths and Realities
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The Uber Case, Myths and Realities


The Uber case has raised many doubts in the last few months. A recent decision by the ECJ has just brought back controversy by pointing out the business model used by Uber Pop, based on collaborative economy. It's important to note that this decision specifically mentions Uber Pop and not Uber itself. Uber Pop was a platform connecting several individual drivers with other users through an app. This platform stopped operating years ago. Currently Uber bases its activity in Spain and the EU in a system of drivers with private vehicle driving licences.

The decision affects collaborative economy platforms like Uber Pop, but it can also potentially impact other sectors, since the ECJ has established how member countries should act in regards to this kind of platforms. Joaquín Muñoz, Head of IT&IP at ONTIER notes that 'this decision shouldn't stop those companies that really carry out collaborative economy activities, which act as mediators only, and it's individuals who materialise the product exchange act. But those companies backed up by collaborative economy which in reality are providing a direct service are going to need to review their business models to adapt to the new regulations of the sector.'

The development of new technologies and the rise of new realities and business models promotes new regulations. This tendency leads to a new dimension for both national and international regulations in regards to collaborative economy, regulations that make it possible to define the limits of this discipline within each economic sector.

For further information, you can check out the full article by Expansión (SP only): A guide to understand the consequences of ECJ's decision on the Uber case