Consumer Protection in the Collaborative Economy- A Comparative Analysis of the European Union and India

Ashok, Pratiksha
(2024)

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Authors
  • Ashok, PratikshaUCLouvain
    author
Supervisors
Sibony, Anne-Lise
 ;
Strowel, Alain
Abstract
The collaborative economy is one where service providers and consumers interact over a platform. The collaborative economy platform (CEP) intermediate and facilitate the sharing of underutilised resources of the service providers with consumers. This unique tripartite relationship provides for the flexible operations of parties, including business-to-consumer transactions (B2C) and peer-to-peer transactions (P2P). While consumers in B2C transactions are protected under EU consumer law, peer consumers are not protected by receiving similar services. Comparatively, Indian consumer law can be interpreted to include such transactions under the ambit of protection, thereby protecting peer consumers. Through the comparison, two different perspectives from the EU and India are provided, where though these platforms subsist, the differences in legislative protection create unique situations in the two jurisdictions. The thesis also proposes a potential solution to protect such peer consumers from consumer jurisprudence. The principle of the duty of care, from common law precedent, is analysed in the context of modern context consumer law protection in the EU and India. Though these principles were created in a pre-internet world, the simplicity of these principles can be applied to current issues and protect parties. The duty of care is imposed on individuals providing services, requiring adherence to a duty of care to avoid acts that could foreseeably harm others. This thesis investigates the application of this duty in P2P transactions, providing peer consumers with a duty of care to be provided by peer service providers.
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Ashok, P. (2024). Consumer Protection in the Collaborative Economy- A Comparative Analysis of the European Union and India. https://hdl.handle.net/2078.5/233834