International Journal of Tourism, Travel and Hospitality Law 2023

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW place, the analysis of platform-administration collaboration is fundamental. Thus, we will refer to initiatives by some of the hosting platforms to promote compliance with regulations (first level of collaboration). We will also analyze what we have called the second level of collaboration, which is nothing more than communication with transcendence – upon request by the Administration. Starting from the platforms’ great reluctance to communicate any kind of data to the Administration, we will see what data may be requested from them and what liability they incur if they do not comply with such requests. We will analyze the role that the Administration must play in this new context and the different information channels it has. We will delve into the responsibility of the platforms if the administration has detected non- -compliance – what responsibility can the platforms be held liable for? Keywords: collaborative hosting platforms, public administrations, control activity. 1. INTRODUCTION. SMART CITY, SMART TOURISM DESTINATIONS AND BIG DATA: THE NEW ENVIRONMENT/ECOSYSTEM IN WHICH THE EXERCISE OF INSPECTION ACTIVITY TAKES PLACE Our reality is not the same as it was a few decades ago. In the field of tourism, the birth of new ways of marketing and contracting services has changed exponentially. As MELGOSA ARCOS points out, the emergence of platforms such as Airbnb, Homeaway, and Windu has led to a massive increase in the supply of accommodation, contributing to the creation of sustainability problems in some destinations and the increase in price and reduction of the supply of urban rentals2. As a consequence of the above, the environment in which the Administration has to carry out its control tasks has changed a great deal in recent years. We refer to the so-called smart city, which is nothing more than the application of technical means to the management of local public services to achieve greater efficiency in the use of means, spaces, and infrastructures of municipal ownership3, all based on the analysis of macro-data provided through big data techniques. In the tourism sector, this data revolution is particularly intense and 2 Melgosa Arcos, 2021, p.417. 3 Bauza Martorell, 2017, p. 33.

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