Platform economy database
Database of initiatives and court cases in the EU
Eurofound’s platform economy database provides information on 386 initiatives and court cases that exist or have been implemented in relation to activities in the platform economy. The database was last updated in February 2024 and provides metadata for each entry, such as geographical scope, year, type of initiative, actors involved, sector and companies concerned. Initiatives include legal instruments such as legislative changes or court decisions, as well as voluntary interventions undertaken by different stakeholders to address issues around platform work.
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The database currently contains 386 entries and was last updated in February 2024.
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Spain
The Royal Decree 1076/2017 came into force on 29 December 2017. It establishes complementary rules to the Regulations of the Act Organising Land Transport (ROTT). The decree prohibits the transfer of VTC licenses within the first two years from the date of issuance. Secondly, it lays out that VTC licence holders (who are usually not the drivers themselves, but rather the company or fleet, which they work for) must notify the authorities of the route before carrying out the service by electronic means.
These obligations were objected by ride-hailing platforms such as Uber. In 2018, the Spanish Competition Authority (CNMC) filed an appeal against the Royal Decree after publishing an official report stating that the obligations contained in it constituted a restriction of effective market competition. In particular, the CNMC argued that the prohibition of transferring licenses within two years was an unjustified entry barrier. It also held that the obligation to communicate each service in advance was an administrative burden contrary to the principles of necessity and proportionality.
On the contrary, representatives of the taxi sector argued that similar limitations had already been implemented in different cities and that the restriction on the transferring of licenses is the general rule. In addition, they claim that the obligation to inform authorities about the routes in advance of each service is also not a new requirement, given that such an obligation was included in previous rules to trace the ‘roadmap’ of the drivers, and that it had simply been modernised by the use of electronic means.
The Supreme Court sided with the CNMC and Uber in a judgement that orders the overriding of the restrictions imposed on the VTCs. This decision is based on the application of the Spanish Act 25/2009 of 22 December (known as the ‘Omnibus Law’) on the liberalisation of various service markets, which removes the limitations and restrictions provided, unless they are established for an urgent reason of general interest. The Spanish Supreme Court has concluded that the aim of preventing speculation regarding licenses cannot be considered as justified on the grounds of general interest.
Further information: The Spanish Supreme Court overrides the restrictions imposed on ride-hailing services (¨VTCs¨) (twobirds.com)
The platform economy is one of those moving targets, which, despite receiving increasing media and policy attention, has proven difficult to regulate. Given the heterogeneity of employment relationships, business models, types of platform work and cross-border issues, this is not surprising.
Technological change is accelerating as the capacity of electronic devices to digitally store, process and communicate information expands. Digitalisation is transforming the EU economy and labour markets: nearly one-third of EU workplaces are categorised as highly digitalised. What are the implications of the digital revolution for employment and work?
The rapid rise of the platform economy has led to a marked transformation of European labour markets, and existing regulatory frameworks and voluntary initiatives have yet to catch up. While platform work offers opportunities for workers and employers and potentially contributes to innovation, economic growth and competitiveness in the EU, it has been criticised from the beginning because of the poor employment and working conditions often experienced by workers.
While 2020 may come to be seen as the year platform work gathered pace and started to go mainstream – thanks in large part to COVID-19 containment measures sparking an increase in food and grocery delivery – 2021 could be the year that regulation of platform work is set in motion.
