COLLABORATIVE PLATFORMS IN ACCOMMODATION 3. THE ROLE OF THE VARIOUS PARTIES INVOLVED IN THE CONTROL ACTIVITY. RESPONSIBILITIES 3.1. What should be the role of collaborative digital platforms? The problems in the application of tourism legislation on TUVs, which are giving rise to many conflicts, lead us to consider what the role of the platform should be. The power to inspect, which normally affects the inspected party, understood as the party whose compliance with the law is to be ascertained, sometimes falls to a third party who must provide what is necessary to investigate the behavior of the other party. This is the case with the collaborative platforms that must support these inspection activities. The fact is that the Administration must be able to access the information and this is in the hands of the platform which, due to its role as an intermediary, works with the platform, putting people who offer their homes as tourist accommodation in contact with people who stay in them. In dynamic and changing contexts such as the one under study, information obligations are a growing phenomenon. The purpose of such obligations is not only for the administration to exercise control over those obliged to provide information, but also to dissuade and prevent evasive conduct. This preventive nuance increases exponentially when the person providing information has to do so, not only with his data but also with that of others. The phenomenon of the collaborative economy poses new challenges and questions, as there is certain deregulation and informality of the relationships that have been causing misgivings both in the Administrations and in the regulated tourist accommodation sector. Thus, we must now delve into the fact that this situation has caused mistrust – in addition, of course, to the serious social and environmental impacts on our cities – which has led the Administration, firstly, to establish collaboration agreements with the different platforms and, secondly, to establish information obligations for the most important players in this phenomenon: the collaborative platforms. Thus, the intermediary, the collaborative platform, becomes the central figure both in terms of the negotiating power it possesses and the wealth of information it manages. All this leads us to question not only the role or position of digital platforms but also the determination of their responsibilities in terms of fraud prevention. The pressure from local councils is mainly due to the need to plan tourism activity in the long term, as they need to know exactly how many dwellings of this
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