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This book analyzes the legal issues connected with the provision of Uber-related services. It primarily focuses on the various contractual and non-contractual relationships that occur during the use of Uber applications, especially with reference to Uber headquarters (Uber App), Uber branch offices (advertisements), Uber partner drivers (employees or self-employed), Uber application registered users, Uber transportation service users (contracting passenger) and third-party Uber transportation service users (additional passenger). It also provides a comparison of standard transportation services and contracts of carriage, irrespective of whether the carrier in question is a common carrier, contractual carrier, actual carrier or an intermediary service provider. Furthermore, the book presents the relevant case law, especially with regard to Uber as a taxi service, Uber as a share-riding service, Uber as a rent-a-car with driver service, Uber as an employer and Uber as a key organizer of transportation service, in Croatia, Belgium, Germany, Italy, the Netherlands, United Kingdom, United States, Hungary, Argentina, and France. Lastly, it explores the different legislative approaches to resolving various issues related to the appearance of Uber and similar companies – the Laissez-faire model, Status Quo model, Legal Adjustment model, and the New Legislative Paradigm model.
This book examines how regulators and policymakers from nine different countries have dealt with Uber, and initiates a legal dialogue between different jurisdictions that could potentially pave the way to a harmonized approach in regulating Uber. The case studies, conducted in Brazil, Germany, Italy, Mexico, Spain, South Africa, Turkey, the UK and the US reveal the case law and regulatory responses that have been adopted in various areas of law. Legal issues relevant to Uber include market regulation, labor law, civil liability, consumer protection, unfair competition and antitrust law. The book thus compares and contrasts the regulatory policy implications of the disruptive innovation created by Uber in the area of transport services. The book starts with a conceptual overview of the legal challenges posed by Uber and concludes with comparative findings based on the individual case studies. In addition to introducing academics and legal practitioners to the theoretical and practical legal problems they may encounter in connection with Uber, the book will especially appeal to policymakers, who can benefit from and compare the experiences of other jurisdictions.
Applying the provisions of the European Union Value Added Tax (EU VAT) Directive poses challenges when applied to the digital platform economy. Recent responses to these challenges revolve around the deemed supplier regime introduced by the so-called e-commerce package, and this regime is thus the focus of this indispensable work, the first to provide an in-depth analysis of the regime, its background and scope, its interpretation, and its application in practice. In its detailed examination of how digital platforms that enable supplies of goods through their interfaces are treated for VAT purposes under EU law, the author elucidates such topics and issues as the following: The qualification of the sale of goods through platforms; supply of the platform service to the underlying supplier; supply of the platform service to the customer; supply of goods from the underlying supplier to the customer; supplies from third countries; the Organisation for Economic Co-operation and Development (OECD) proposal’s influence on the interpretation of the EU e-commerce package; chain transactions; determination of the place of supply; chargeable event and chargeability of VAT; taxable amount; applicable rates and exemptions; platform’s recordkeeping obligations; accompanying customs measures; return of goods and warranty cases; and future of effective and efficient VAT collection. The author also undertakes a detailed analysis of a potential infringement of the principle of equality, neutrality, and the right to conduct a business. Fully taking into consideration the case law of the CJEU, administrative practice, and the relevant academic literature, the author’s research reveals the weaknesses, opportunities, and limits for Member States’ implementation of EU VAT law. The upshot is an important work that promises to make the EU VAT system more fraud-resistant, simplify compliance obligations, enforce the principle of neutrality, and reduce distortion of competition. The book will be of immeasurable value to any practitioner and policymaker approaching any case involving the deemed supplier regime for digital platforms with full awareness of the applicable rules.
Bringing together an interdisciplinary team of contributors, this book tackles the legal, logistical and supply chain challenges facing the transport sector in the context of climate change and technological development. In particular, it focuses on the European Union, which has placed a strong emphasis on ensuring future sustainability. This title contains one or more Open Access chapters.
This book is about the rise of digital labor. Companies like Uber and Amazon Mechanical Turk promise autonomy, choice, and flexibility. One of network culture's toughest critics, Trebor Scholz chronicles the work of workers in the "sharing economy," and the free labor on sites like Facebook, to take these myths apart. In this rich, accessible, and provocative book, Scholz exposes the uncaring reality of contingent digital work, which is thriving at the expense of employment and worker rights. The book is meant to inspire readers to join the growing number of worker-owned "platform cooperatives," rethink unions, and build a better future of work. A call to action, loud and clear, Uberworked and Underpaid shows that it is time to stop wage theft and "crowd fleecing," rethink wealth distribution, and address the urgent question of how digital labor should be regulated and how workers from Berlin, Barcelona, Seattle, and São Paulo can act in solidarity to defend their rights.
Providing an insightful analysis of the key issues and significant trends relating to labour within the platform economy, this Modern Guide considers the existing comparative evidence covering all world regions. It also provides an in-depth look at digital labour platforms in their historical, economic and geographical contexts.
This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.
The unbelievable true story of the young woman who faced down one of the most valuable startups in Silicon Valley history--and what came after In 2017, twenty-five-year-old Susan Fowler published a blog post detailing the sexual harassment and retaliation she'd experienced as an entry-level engineer at Uber. The post went viral, leading not only to the ouster of Uber's CEO and twenty other employees, but "starting a bonfire on creepy sexual behavior in Silicon Valley that . . . spread to Hollywood and engulfed Harvey Weinstein" (Maureen Dowd, The New York Times). When Susan decided to share her story, she was fully aware of the consequences most women faced for speaking out about harassment prior to the #MeToo era. But, as her inspiring memoir, Whistleblower, reveals, this courageous act was entirely consistent with Susan's young life so far: a life characterized by extraordinary determination, a refusal to accept things as they are, and the desire to do what is good and right. Growing up in poverty in rural Arizona, she was denied a formal education--yet went on to obtain an Ivy League degree. When she was told, after discovering the pervasive culture of sexism, harassment, racism, and abuse at Uber, that she was the problem, she banded together with other women to try to make change. When that didn't work, she went public. She could never have anticipated what would follow: that she would be investigated, followed, and harrassed; that her words would change much more than Uber; or that they would set her on a course toward finally achieving her dreams. The moving story of a woman's lifelong fight to do what she loves--despite repeatedly being told no or treated as less-than--Whistleblower is both a riveting read and a source of inspiration for anyone seeking to stand up against inequality in their own workplace.
Early in the twenty-first century, a quiet revolution occurred. For the first time, the major developed economies began to invest more in intangible assets, like design, branding, and software, than in tangible assets, like machinery, buildings, and computers. For all sorts of businesses, the ability to deploy assets that one can neither see nor touch is increasingly the main source of long-term success. But this is not just a familiar story of the so-called new economy. Capitalism without Capital shows that the growing importance of intangible assets has also played a role in some of the larger economic changes of the past decade, including the growth in economic inequality and the stagnation of productivity. Jonathan Haskel and Stian Westlake explore the unusual economic characteristics of intangible investment and discuss how an economy rich in intangibles is fundamentally different from one based on tangibles. Capitalism without Capital concludes by outlining how managers, investors, and policymakers can exploit the characteristics of an intangible age to grow their businesses, portfolios, and economies.