Trust in an âOmnimetric Societyâ? Reputational Systems in Platforms as Tools for Assessing Contractual Performance and Applying Remedies

Teresa RodrÃ­guez de las Heras Ballell

Chapter 13 Trust in an âOmnimetric Societyâ? Reputational Systems in Platforms as Tools for Assessing Contractual Performance and Applying Remedies

In: Comparative Legal Metrics

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Teresa RodrÃguez de las Heras Ballell

Teresa RodrÃguez de las Heras Ballell
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Type:: Chapter

Pages:: 266â283

DOI:: https://doi.org/10.1163/9789004680944_014

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Abstract

Platforms have become the most prominent organizational model for a variety of social and economic activities in the digital economy, and have gradually emerged as powerful âregulatorsâ in the digital society. Platforms assess usersâ performance, supervise compliance, sanction and penalize infringement, handle complaints and provide dispute resolution mechanisms. Particularly in the assessment of usersâ performance, algorithm-driven rating, ranking, reviews, play a critical role. A number of consequences are linked to ratings, rankings and reviews: penalties, suspension of service, closing of the account, restriction of access, change of labor conditions, demotion, or other remedies provided for by the penalties policy of the platform.

The developed metrics to assess performance then has fundamental legal implications in the exercise of rights and liberties. As against this âomnimetric societyâ, where everything is measured and only what can be measured matters, the chapter explores the legal and social implications of metrics-based performance measurement in platforms. Beyond the principles of transparency and explainability, the chapter reflects on possible solutions, principles and embryonic rules to balance the interests at stake that have been recently explored and formulated in the European Law Instituteâs âGuiding Principles on Automated Decision-Makingâ.

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Comparative Legal Metrics

Quantification of Performances as Regulatory Technique

Series:Â Comparative Law in Global Perspective, Volume: 5

E-Book ISBN:: 9789004680944

Publisher:: Brill | Nijhoff

Print Publication Date:: 18 Jul 2023

Subjects
- International Law

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Part 1 Justice and Education

Part 2 National Policy Making

Part 3 Transnational and International Market-Related Activities

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Chapter 13 Trust in an âOmnimetric Societyâ? Reputational Systems in Platforms as Tools for Assessing Contractual Performance and Applying Remedies

Abstract

Citation Info

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Comparative Legal Metrics

Quantification of Performances as Regulatory Technique

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Chapter 13 Trust in an âOmnimetric Societyâ? Reputational Systems in Platforms as Tools for Assessing Contractual Performance and Applying Remedies