Collaborative platforms in accommodation by Pilar Saura

issue a general order for the platform to remove the advertisements published which do not have a registration number - and are therefore illegal - as this would be completely contrary to the provisions of the Directive. The Administration must adopt a proactive attitude concerning the control of the activity of tourist accommodation and can require the platform at any time to remove specific advertisements of accommodation that do not comply with current legislation. This role of the Administration would be in line with the digital environment in which it must carry out its inspection activity and the increased importance of ex-post (not ex-ante) control, as prior authorization has been replaced by the responsible declaration and prior communication. Thus, in this situation, the voluntary collaboration of the platforms themselves becomes extremely important because, although, as mentioned above, the ISSP cannot be required to have a general obligation of supervision or a general obligation to carry out active searches for facts or circumstances that indicate illegal activities concerning the services they provide and manage, it is true that, as TOURIÑO points out, this does not exclude the possibility of these ISSPs voluntarily developing an automatic technical filtering system that allows them to detect infringing content28 Meanwhile, in the most important Tourism Forums, it is constantly highlighted that demanding co-responsibility from the platforms is, for the time being, an important way to ensure compliance with the regulation on tourist accommodation29 28 Touriño, A., 2018, p. 92. 29 "The widespread impunity with which platforms prescribe, distribute and commercialize properties in the tourist accommodation market in many destinations, despite the efforts in the regulation and public inspection, makes it necessary to amend the regulations governing information society services to ensure that the platforms are subsidiarily responsible for not uploading to their websites any property that does not comply with regional and/or local legislation in force, through the request and display in each tourist rental property advertisement of its corresponding registration number". This was made clear in conclusion number 4 of the IX Exceltur Tourism Leadership Forum "Reshaping Tourism: how to grow sustainably and speed up the digital transformation" where it is stated that "demanding coresponsibility from the platforms is the only way to ensure compliance with the regulation on tourist accommodation". Held in Madrid on 16 January 2018. Accessible on the website http://9foro.exceltur.org/?zona=4&id=7 .

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