Shared Economy Sharing rather than Owning Todays Collaborative

Shared Economy Sharing rather than Owning / Todays Collaborative Economic Activities Dr. Anh-Duc Cordalis, Greenfort Partnerschaft von Rechtsanwälten mb. B (Germany) Francesco De Lorenzi, De Lorenzi Micciché Scalera Spada – Avvocati Associati (Italy) Joram Moyal, Moyal Simon (Luxembourg)

TODAY‘S SHARED ECONOMY • We own too many things that we do not need or do not use frequently • Economic model based on sharing underutilized assets from spaces to skills to stuff for monetary or non-monetary benefits • Power is shifting from big, centralized institutions to distributed networks of individuals or communities • Massive change in how we live, work, travel, play, create, learn, bank and consume

• Pw. C: More than 50% of people in Germany have used Shared Economy • Shared Economy will “replace” capitalism ?

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I HAVE I NEED! TRUST – POWER - EFFICIENCY

Shared Economy is built on trust Illegal Employment Degradation of wages (Sexual) Harrassment Disruption of traditional businesses Discrimination Data phishing

Can Law keep pace with the Innovation? Competition Law Commercial Law Tax Law Employment Law Insurance Law IP Law

Legal Profession: ready for Shared Economy? Designing / Drafting Agreements Navigating Security Regulations Managing IP Managing Risk and Liability Managing Regulations on Production and Commerce Navigating Employment Regulations

Shared Economy Platforms: Connectors or Service Providers? Ownership of key assets Price Key contractual terms

Consumer protection- Who are the final service providers: Professionals or Amateurs? No. and frequency of services Turnover Profit or cost reimbursement

Which regulation and liability regime? • Ad hoc rules or same regulation as the old “economy“ businesses? • Who should be liable for damages suffered by users and third parties? • Which role for the exemption of liability for hosting services?