Answer to Written Question: Follow-up to the reply received to question E-006172/2020 on the issue of unlicensed tourist guides in the ‘sharing economy’

(Source: European Parliament)



Answer given by Mr Breton

on behalf of the European Commission


The Commission provided guidance on the application of EU law to the collaborative economy in 2016[1]. The Commission is working on complementing this guidance with specific measures on platforms, short-term accommodation rentals, taxation of the digital economy, as well as labour rights and social protection[2].

In particular, the recently proposed Digital Services Act[3] (DSA) sets out EU-wide obligations for digital service providers, including online platforms. The proposal provides for a series of measures aiming to establish a safe, predictable and trusted online environment. For instance, the proposal sets out that orders against illegal content, issued by relevant national authorities on the basis of national or EU law and addressed to intermediary services providers can be sent to platforms established in other Member States than the issuing Member State. In addition, online platforms are required to put in place mechanisms to allow any individual or entity to notify them of the presence on their service of content which is considered illegal. Therefore, as long as platforms intermediating tourist guides’ services fall within the scope of the DSA, they would need to comply with the relevant rules, as regards illegal tourist guides services.

Further, the Commission is currently not planning to regulate the activity of tourist guides, as such, at EU level.

[1] Communication COM(2016) 356 final.

[2] For example, as indicated in the Commission Work Programme 2021, the Commission is working on a legislative initiative to improve the working conditions of people providing services through platforms.

[3] COM(2020) 825 final, 2020/0361 (COD).

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