Terms and Conditions of Service as Expressions of the Normative Power of Online Platforms
摘要
The chapter analyses the normative power of digital platforms, highlighting how terms and conditions of service constitute instruments of unilateral imposition of contractual rules. The platforms, in a dominant position, define constraints to which users adhere without the possibility of negotiation. A comparative survey of the most recurrent clauses adopted by operators such as Amazon, Facebook, TikTok, Booking.com , Airbnb, YouTube and LinkedIn is proposed. The analysis shows the risks of contractual imbalances and vexatious clauses, prompting reflections on regulatory safeguards and remedies.