Tobias Mast explains in his article published in the Juristen Zeitung (JZ) the meta-process that GTC law is currently undergoing in the area of platform regulation.
To the article (fee required; in German)
The functional descriptions of GTC law no longer capture its nature in the area of platform regulation. From a substantive point of view, the law on general terms and conditions shifts its focus from contractual parity to the creation of an order that is interwoven with fundamental rights and secured by the rule of law; from a formal point of view, a multifaceted control and sanction regime is installed to enforce it. The article shows the strands of development and interprets GTC law as a new form of regulated self-regulation.
Mast, T. (2023): AGB-Recht als Regulierungsrecht [GTC Law as Regulatory Law]. In: Juristen Zeitung (JZ), volume 78 (2023) / issue 7, pp. 287-296 (10) DOI: 10.1628/jz-2023-0096