Digital Platforms in China and Europe: Legal Challenges

The paper considers the processes of platformatization of the economy and public government, which have become the last decade’s primary trend. Analysis of the digital markets in Russia, China, and Europe proved the dominance of the digital platforms of large technology companies. According to the a...

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Main Authors: Yu. Kharitonova, L. Sannikova
Format: Article
Language:English
Published: Publshing House V.Ема 2021-10-01
Series:BRICS Law Journal
Subjects:
Online Access:https://www.bricslawjournal.com/jour/article/view/539
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author Yu. Kharitonova
L. Sannikova
author_facet Yu. Kharitonova
L. Sannikova
author_sort Yu. Kharitonova
collection DOAJ
description The paper considers the processes of platformatization of the economy and public government, which have become the last decade’s primary trend. Analysis of the digital markets in Russia, China, and Europe proved the dominance of the digital platforms of large technology companies. According to the authors, the concentration of market power in digital platforms threatens a competitive environment in digital markets. In this regard, the demand for antitrust regulation of their activities is justified. Another legal challenge arises concerning the trend of creating public services on the digital platforms of large technology companies. The paper analyzes China’s experience in the platformatization of legal proceedings, where the process of establishing online courts is conducted in close cooperation with the leading digital platforms of the PRC. In contrast to China, in Russia, the main focus is on combining public services, and information systems of various departments within a single platform to provide public services, with large technology companies acting as operators. Therefore, the authors conclude that it is necessary to strengthen legal mechanisms to protect citizens’ rights and interests during the digitization of public services – primarily citizens’ rights to data protection. The problems revealed demonstrate the necessity of a balanced approach to the legal regulation of digital platforms. While it is important to stimulate their development, it is necessary to limit the opportunities for violating the rights and interests of other participants in the digital environment.
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spelling doaj.art-dde12ed6800c4c598f1868c4e23399b52023-03-30T20:04:02ZengPublshing House V.ЕмаBRICS Law Journal2409-90582412-23432021-10-018312114710.21684/2412-2343-2021-8-3-121-147200Digital Platforms in China and Europe: Legal ChallengesYu. Kharitonova0L. Sannikova1Lomonosov Moscow State UniversityState Academic University for the HumanitiesThe paper considers the processes of platformatization of the economy and public government, which have become the last decade’s primary trend. Analysis of the digital markets in Russia, China, and Europe proved the dominance of the digital platforms of large technology companies. According to the authors, the concentration of market power in digital platforms threatens a competitive environment in digital markets. In this regard, the demand for antitrust regulation of their activities is justified. Another legal challenge arises concerning the trend of creating public services on the digital platforms of large technology companies. The paper analyzes China’s experience in the platformatization of legal proceedings, where the process of establishing online courts is conducted in close cooperation with the leading digital platforms of the PRC. In contrast to China, in Russia, the main focus is on combining public services, and information systems of various departments within a single platform to provide public services, with large technology companies acting as operators. Therefore, the authors conclude that it is necessary to strengthen legal mechanisms to protect citizens’ rights and interests during the digitization of public services – primarily citizens’ rights to data protection. The problems revealed demonstrate the necessity of a balanced approach to the legal regulation of digital platforms. While it is important to stimulate their development, it is necessary to limit the opportunities for violating the rights and interests of other participants in the digital environment.https://www.bricslawjournal.com/jour/article/view/539digital rightsdigitalizationdigital platformslarge technology companiesonline courtsplatofrmization of justiceunfair competition in digital marketsprotection of personal data
spellingShingle Yu. Kharitonova
L. Sannikova
Digital Platforms in China and Europe: Legal Challenges
BRICS Law Journal
digital rights
digitalization
digital platforms
large technology companies
online courts
platofrmization of justice
unfair competition in digital markets
protection of personal data
title Digital Platforms in China and Europe: Legal Challenges
title_full Digital Platforms in China and Europe: Legal Challenges
title_fullStr Digital Platforms in China and Europe: Legal Challenges
title_full_unstemmed Digital Platforms in China and Europe: Legal Challenges
title_short Digital Platforms in China and Europe: Legal Challenges
title_sort digital platforms in china and europe legal challenges
topic digital rights
digitalization
digital platforms
large technology companies
online courts
platofrmization of justice
unfair competition in digital markets
protection of personal data
url https://www.bricslawjournal.com/jour/article/view/539
work_keys_str_mv AT yukharitonova digitalplatformsinchinaandeuropelegalchallenges
AT lsannikova digitalplatformsinchinaandeuropelegalchallenges