INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW increased importance of ex-post (not ex-ante) control, as prior authorization has been replaced by the responsible declaration and prior communication.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 4. CONCLUSIONS Technological development, together with the incorporation of European regulations in Spain, has meant that the Administration has abandoned its traditional role – based on preventive control through prior authorization – and has taken on new ex-post control mechanisms. This new situation necessarily means that the public administration must be much more diligent in inspecting and checking private activities once they have begun. Thus, ex-post control of private activities has become the real cornerstone of the control system. The standard has lost its function of stabilizing legal relations. Verification, supervision, or inspection of compliance with binding provisions is nowadays an unfinished business in the public administration landscape, especially since the entry of digital platforms into the market. 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 co-responsibility 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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