The Lost Traders? Considering the Distinction Between Professional and Non-Professional Actors in EU Law in the Light of New Types of Economic Actors

Abstract

Since the beginning of the new millennium, the landscape of cross-border commerce has been altered significantly, with more and more individuals having the possibility to engage in commercial activities online, for example through so-called online platforms. This has led to the EU legislator undertaking legislative activities in the field, aimed at creating a safer environment for online commerce and enhancing the internal market. This article discusses the legislation in question in relation to a certain group of economic actors, namely those that operate in the grey area between acting for purely private, non-professional, purposes and those engaging in commerce as a part of a business for professional purposes. The article discusses the way in which EU legislation, applicable to online commerce, draws the line between non-professional and professional actors, in particular with regard to ascertaining the legal position of actors that find themselves on the borderline between professional and non-professional actors, referred to as participants in the gig economy.