Right of Withdrawal
摘要
The chapter analyses the rules governing withdrawal in the context of digital platforms, distinguishing between withdrawal from participation in the platform and withdrawal from individual contracts signed through it. The discussion begins with the European regulatory framework, particularly EU Regulation 2019/1150, known as the Platform to Business Regulation, and EU Regulation 2022/2065, known as the Digital Services Act, highlighting how European legislators tend to favour alternative instruments to withdrawal, such as suspension or limitation of service, leaving definitive termination as a residual option. The author investigates the three main sources of withdrawal: general legal, specific legal and contractual, highlighting how the exercise of withdrawal differs according to the nature of the platform (small or large), the status of the subject (supplier, commercial operator or consumer), and the structure of the legal relationship (continuous, occasional or contractually defined). A coherent set of rules on withdrawal is then reconstructed, also by analogy, in the light of the principles of fairness, transparency and proportionality. The chapter highlights the tension between economic freedom and the protection of user trust, emphasising the importance of notice procedures, justification and data retention even after withdrawal, particularly for platforms of systemic importance. Finally, an evolutionary interpretation of withdrawal as an ordinary instrument of contractual self-determination is proposed, even in digital relationships, in response to the growing standardisation and automation of online legal relationships.