International Journal of Tourism, Travel and Hospitality Law 2023

Collaborative platforms in accommodation. Administrations’ monitoring activity in the digital sphere Pilar Juana García Saura1 1. Introduction. Smart City, Smart Tourism Destinations and Big data: the new environment/ecosystem in which the exercise of inspection activity takes place. 2. The importance of public-private partnerships. 3. The role of the various parties involved in the control activity. Responsibilities 3.1. What should be the role of collaborative digital platforms? A) Initiatives by collaborative accommodation platforms to promote voluntary compliance with regulations. a) A bit of history. Evolution of voluntary collaboration. b) From the Handbook for being a responsible host to the City Portal. B) Communication with significance. Considerations on the possibility that the Public Administration may demand/require the platform to provide the data. a) Initial situation: reluctance on the part of the platforms. b) Can the administration request/ require data from the platform from a third party? What data can it request from the third party? 3.2. The role of the administration. A) Information channels of the Administration. a) Citizen collaboration through reporting and active monitoring. b) Use of scraping techniques. Practical legal issues. B) What liability can platforms be held liable for? 4. Conclusions. Bibliography. This communication aims to deepen the practical exercise of control activity in the new digital environment characterized by the existence of collaborative platforms in accommodation. To this end, we will first refer to the Smart City, Smart Tourist Destinations, and Big Data as an ecosystem in which the intervention or control activity of the Administration is developed. For its analysis, we will delve into the important and different role (with its underlying responsibilities) that both digital platforms and the Administration itself are being called upon to play in this environment. In the digital environment in which the activity we are studying takes DOI https://doi.org/10.60559/ijtthl2023-013 1 Pilar Juana García Saura, Profesora Titular de Derecho Administrativo, Universidad de Murcia, pilarjuanags@um.es

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