Principles of building a new ecosystem: social, economic and legal aspects
- Authors:
- Andrei V. Seleznev, Igor P. Rak, Anastasiia A. Strelnikova
- Work direction:
- Глава 6
- Abstract:
- The chapter examines the problem of protecting the rights of subjects in the digital ecosystem – an environment organized around a platform, where traditional counterparties are replaced by a multilateral technological construct. It demonstrates the inseparability of socio-economic and legal aspects: information asymmetry and bargaining power imbalances, network effects, lock-in, and algorithmic mediation devalue instruments designed for bilateral relations. The methodological framework includes systemic and functional approaches, formal-legal and comparative-legal analysis, as well as legal modeling. The result is a four-level protection model (normative, institutional, procedural-jurisdictional, and techno-legal levels), arranged in order of increasing specialization and automation. Barriers hindering the exercise of rights are identified – information asymmetry and bargaining power imbalances, opacity of algorithms, cross-border nature of conflicts, and user lock-in to the platform. Guidelines for improvement are outlined: priority of prevention and "protection by design," genuine accessibility of procedures, mandatory explainability of algorithms, co-regulation, and harmonization of international standards.
- Keywords:
- platform economy, privacy by design, digital ecosystem, protection of subjects' rights, bargaining power asymmetry, opacity of algorithms, algorithmic discrimination, algorithmic explainability, lock-in effect, platform employment, prevention of violations, four-level model of protection