looking for offers without a license25. However, we should not forget that the Commission document entitled "A European Agenda for the Collaborative Economy" states that "under EU law, Member States may not impose on collaborative platforms, insofar as they provide data hosting services, a general obligation to monitor and actively search for facts or circumstances indicating illegal activities". In this sense, some of these collaborative accommodation platforms -such as HomeAway- already include a registration field to include the number of the license or registration of the tourist rental property in the Autonomous Communities where it is compulsory. However, despite including this registration field, the platforms do not check the veracity of all this data because, according to them, they do not have direct management or ownership of the properties, so they are not obliged to carry out this prior control and verification of the data contained on the platform. Those who are truly obliged to comply with these regulations are the users of the platform themselves, as they are the ones who publish the advertisements. Faced with this situation, we wonder whether it is possible to demand this liability from the platform, questioning whether it would violate the provisions of Directive 2000/31. Thus, the first question to be asked is whether or not the service provided by platforms operating within the framework of the Collaborative Economy can be included within the concept of Information Society Service Provider (ISSP). If so, the exceptions to liability provided for in the regulations would apply. For ISSPs there is a liability regime that, in principle, exempts them from liability for the external content to which they provide access, host, temporarily copy, or link, and which -in short- they manage. This exemption from liability only applies if they have not actively participated in the creation of the illegal content, or if they are aware of its illegality and act swiftly to remove it or prevent access26. At present, therefore, the digital platform - the data hosting service provider - is 25 A very interesting debate was the IX Exceltur Tourism Leadership Forum (2018) "Reshaping Tourism: how to grow sustainably and speed up the digital transformation" held in Madrid. Accessible on the website http://9foro.exceltur.org/?zona=4 , last access date: 21 December 2021. 26 Vid. Art. 16 Ley 34/2002, de Servicios de la Sociedad de la Información, BOE 12 July 2002, núm.166.
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