Tourism Law in Europe

21 Danish E-commerce Act does not directly address information duties such as the ones at hand but focus on the liability of intermediaries in regards to online infringement of rights. The court did not address, whether a similar liability regime can be applied on the duty to ensure that all required information is given to the consumer. The EU Commission has expressed concern with rules such as the Danish intermediary rule as it, in their opinion, is too burdensome for the supplier. 76 The Commission states that “Member States are encouraged to seek a balanced approach to ensure that consumers enjoy a high level of protection in particular from unfair commercial practices, while not imposing disproportionate information obligations and other administrative burdens on private individuals who are not traders but who provide services on an occasional basis.” 77 Determining a ‘balanced approach’ is ultimately a policy question. 76 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, A European Agenda for the Collaborative Economy, COM(2016)356 final, section 2.1. See a critical analyses of this agenda, CAUFFMAN, C., ‘The Commission’s European Agenda for the Collaborative Economy – (too) Platform and Service Provider Friendly?,’ Maastricht European Private Law Institute’, Working Paper No. 2016/07. 77 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, A European Agenda for the Collaborative Economy, COM(2016)356 final, 11.