Gastronomy Law

without public regulatory oversight. Restaurants do not apply for inclusion; selection occurs unilaterally at the discretion of Michelin’s inspectors. However, the use of Michelin’s symbols and trademarks in advertising or on menus is subject by intellectual property and commercial communication law. Any unauthorized or misleading use of these distinctions may therefore fall within the Unfair Commercial Practices Directive (2005/29/EC). From a regulatory perspective, the Michelin Guide functions as a form of private soft law: it shapes consumer expectations and market conduct without formal legal compulsion. Its closed and exclusive nature, however, raises legitimate concerns regarding transparency, accountability and potential discrimination, particularly given its influence over restaurant visibility and investment in markets such as France, Spain and Japan. 2. The rise of digital and participatory classification systems Digital platforms such as TripAdvisor, Google Maps, TheFork and Yelp illustrate a newer generation of reputation systems that rely heavily on algorithms and user participation. They evaluate and rank restaurants by processing user-generated content, as ratings, written reviews and photographs, through automated curation mechanisms that determine how establishments are displayed. Visibility is shaped not only by relevance and personalization but also by paid promotion, creating a complex interplay between social feedback and commercial logic. 3. Legal accountability under the Digital Services Act (DSA) In contrast to the traditional authority of the Michelin Guide, digital platforms such as TripAdvisor, Google Maps, TheFork and Yelp have transformed the way restaurant reputation is constructed and circulated. Their model is participatory and data-driven: visibility depends on the aggregation of user ratings, reviews and photographs, all processed by algorithms that determine how establishments appear in search results. Through this mechanism, millions of individual judgments are converted into hierarchies of exposure and trust. Unlike editorial guides, these platforms now fall within the scope of public regulation. The DSA establishes a comprehensive framework for online intermediaries, including platforms that host reviews or recommendations. Under Articles 14 to 27, providers must maintain procedures for reporting and contesting unlawful or misleading content and must explain, in plain 609 RESTAURANT CLASSIFICATION IN TOURISM

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