The regulatory evolution of digital intermediation: new profiles of accountability

Abstract

This article aims to investigate the development of digital intermediation platforms and their remarkable impact on the governance of the digital ecosystem; secondly, the paper aims to identify new legal protection tools for users in a de iure condito - de iure condendo perspective. Intermediation platforms proved to be complex to be qualified in legal terms, due to their “fluid” nature, both in structure and services. They play an important role in the borderless digital market: platforms, indeed, have been gaining a position of strength in negotiation relationships with users. Such a situation is cause of substantial asymmetry between parties to the prejudice of the user’s rights involved. The EU legislation of the sector is a contributing factor in the current situation as it often regarded as outdated and so unable of governing such a phenomenon, which give raise to many doubts about the reasonableness of a new regulatory intervention of the European Institutions on the matter. Considering this, the paper will consider how new regulatory techniques, such as accountability, provided for by the new European regulatory text and proposals about the technological issue, might or not contribute to build a more transparent and secure governance of the digital ecosystem.