Online Platforms - New Actors of the Food Chain : : Qualification Challenges and Food Information Responsibilities.

• Superior document: European Institute for Food Law Series Series ; v.14
• Author: Lattanzi, Amina.
• Place / Publishing House: Boston : : Wageningen Academic Publishers,, 2022.; ©2022.
• Year of Publication: 2022
• Edition: 1st ed.
• Language: English
• Series: European Institute for Food Law Series Series
• Physical Description: 1 online resource (238 pages)

Food e-commerce is a fast-developing market. Regrettably, the number of products exchanged on the web that may be harmful to consumers is also steadily rising. This development poses challenges for controlling authorities and legislators in their mission to protect EU consumers' health and economic interests, leading to a lively discussion on the status and role of e-platforms in the age of food online. Responsibilities and liabilities in the (online) food chain are not yet clearly defined, and seem to be stuck between stringent safety regulation and immunity to promote innovation. Standing at the intersection of law, food and digital technology, 'Online platforms - new actors of the food chain' looks at the development of food online, and documents how (and whether) EU regulators and courts have been addressing the many challenges this development raises, especially in terms of food information and who is responsible for it. -- Back cover

Table of Contents

Intro -- Online platforms: new actors of the food chain -- Copyright -- Foreword: why food online platforms ? -- Table of contents -- Introduction: the online disruption of the food chain -- 1. Online platforms, key actors of the digital revolution -- 2. The Internet of Food -- 3. Problem statement -- 3.1 This is how much we know -- 3.2 This is the issue -- 3.3 This is what this study intends to do -- 4. Roadmap -- Chapter 1. - Qualifying food online -- 1.1 Work plan -- 1.2 'Food online': a variety of business models -- 1.2.1 Online groceries: own-brand sellers, pure e-markets, and hybrids -- 1.2.2 Online meals: aggregators and 'new delivery' platforms -- 1.2.3 Today's digital economy -- 1.3 The need for legal qualifications: defining online platforms -- 1.4 The dual capacity of 'food online' -- 1.4.1 Food business or information society service: introducing the General Food Law and the Directive on E-Commerce -- 1.4.2 The GFL and the concept of 'food business' -- 1.4.3 The ECD and 'information society services' -- 1.5 Legal classifications following EU case-law: Uber System Spain, Uber France and Airbnb -- 1.5.1 Asociaciòn Profesional Elite Taxi v. Uber Systems Spain SL -- 1.5.2 Uber France SAS -- 1.5.3 Airbnb Ireland UC -- 1.6 Qualifying food online following Uber System Spain, Uber France and Airbnb -- 1.6.1 Specific challenges -- 1.6.2 Own-brand sellers -- 1.6.3 Pure online marketplaces -- 1.6.4 Hybrid online marketplaces -- 1.6.5 Delivery platforms -- 1.7 Concluding remarks on food online qualification -- Chapter 2. - Rights and responsibilities in food online: focus on food information -- 2.1 Work plan -- 2.2 The Consumer Rights Directive: introducing consumer protection in food online -- 2.2.1 The Consumer Rights Directive: consumers, traders, and distance contracts.

2.2.2 Right of withdrawal and hygiene exemptions: whys behind the focus on food information -- 2.2.3 Pre-contract information rights -- 2.3 Information rights under EU Food Law -- 2.3.1 Food information under EU General Food Law -- 2.3.2 The Food Information to Consumers Regulation: online-offline symmetry -- 2.4 Information responsibilities under EU Food Law -- 2.4.1 Responsibilities under the Food Information to Consumers Regulation -- 2.4.2 Responsibilities under EU General Food Law -- 2.4.3 Information responsibilities in food online -- 2.5 Information on food online platforms: examples from online markets and meal delivery platforms -- 2.5.1 Information on online markets: from rule takers to rule makers -- 2.5.2 Information on meal delivery platforms: challenges of nonprepacked food -- 2.6 Concluding remarks on rights and responsibilities in food online -- Chapter 3. - Liability and controls in food online: towards platforms' enhanced responsibility? -- 3.1 Roadmap -- 3.2 The internet, privileged channel for illegality -- 3.2.1 The increase in infringing products exchanged online -- 3.2.2 Responsibility vs liability: towards platforms' enhanced responsibility? -- 3.3 Primary liability for unlawful food information: focus on product liability -- 3.3.1 Administrative pecuniary sanctions: brief overview of Italian law -- 3.3.2 Civil liability: harmonized liability for defective food products -- 3.3.3 Online platforms' liability for infringing food information -- 3.4 Secondary liability for third-party illegal content: the role of intermediaries -- 3.4.1 Platforms' secondary liability: two approaches -- 3.4.2 EU negative approach: platforms' safe harbour under the Directive on E-Commerce -- 3.4.3 The safe harbour under EU case-law: the 'diligent economic operator'.

3.4.4 Standards activating platforms' secondary liability from a positive perspective -- 3.5 From reactive liability to preventive responsibility -- 3.5.1 EU law towards e-platforms' enhanced responsibility621: duty of care, voluntary measures, and sectorial legislation -- 3.5.2 Enhanced responsibility685 in food online -- 3.6 Countering illegal commerce in food online: the challenges of enforcement activities -- 3.6.1 Control plans in food online: the challenges of control authorities -- 3.6.2 Public enforcement in food online: new Official Controls Regulation and national enforcement -- 3.6.3 Private enforcement: online platforms, new 'internet police'? -- 3.7 Concluding remarks on liability and controls in food online -- Conclusion: online platforms, new actors of the food chain -- 1. Research findings -- 2. Resulting Resulting status quo and call for further studies -- Glossary -- References -- Bibliography -- Other sources -- Sources of law and policy -- International Organisations -- European Union -- National Law -- Websites / online platforms.