Full Description
This open access book investigates from a comparative perspective how people who are or are made vulnerable in their interactions with digital technologies can prevent or redress harm. As such, the volume contributes to advancing the debate about the theoretical scope and the practical legal effects of the notion of 'digital vulnerability' from the fairness perspective. The main geographical focus of our study lies in Europe, covering developments at both the national and the supranational level (i.e., before the European Union and the Council of Europe), but some chapters also provide insights into a few extra-European jurisdictions. As to the substance, the volume centers on the remedies that can be used, or that should be available, for countering the state of asymmetry and powerlessness that people may experience in online encounters. These remedies stem from a variety of legal fields and take different forms - from pre-contractual liability to the control of unfair terms, from checks on misleading advertising to data protection mechanisms, from tort actions to injunctions and restitution orders. In this regard, the book does not only offer a description of the remedies that are currently available to digitally vulnerable people, but also takes a prescriptive stance on how European laws can best address the challenges posed by digital vulnerability.
Contents
From Illusion to Digital Fairness: Structural Protection in EU Consumer Law.- The New European Withdrawal Function: Protecting Consumers against 'Digital Traps'.- Defective Consent and Platform Liability under the Digital Services Act: Appearance, Information Duties and Consumer Reviews.- Regulation of Consumer Safety Risks from AI Characters in the European Union and United States.- Compensation for Breach of Technical Requirements by the Provider - A Contribution to the Establishment of Liability Under Article 54 DSA.- The Role of Individual Autonomy in the Pursuit of Contestability in the Digital Market: Consent and Data Portability in the Digital Markets Act.- Empowering the Vulnerable in the European Union: Collective Redress Against Digital Exploitation.- Strength in... Fragmentation? A Concise Systemic Look at the Enforcement of the EU Digital Acquis, with Some Implications for Vulnerability,- Proportionality Analysis in 'Digital' Cases.- etc...
