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The Empire Strikes Back: Digital Control of Unfair Terms of Online Services

Author

Listed:
  • Hans-W. Micklitz

    (European University Institute)

  • Przemysław Pałka

    (European University Institute)

  • Yannis Panagis

    (University of Copenhagen)

Abstract

The authors argue that it is possible to partly automate the process of abstract control of fairness of clauses in online consumer contracts. The authors present a theoretical and empirical argument for this claim, including a brief presentation of the software they have designed. This type of automation would not replace human lawyers but would assist them and make their work more effective and efficient. Policy makers should direct their attention to the potential of using algorithmic techniques in enforcing the law regarding unfair contractual terms, and to facilitating research on and ultimately implementing such technologies.

Suggested Citation

  • Hans-W. Micklitz & Przemysław Pałka & Yannis Panagis, 2017. "The Empire Strikes Back: Digital Control of Unfair Terms of Online Services," Journal of Consumer Policy, Springer, vol. 40(3), pages 367-388, September.
    • Handle: RePEc:kap:jcopol:v:40:y:2017:i:3:d:10.1007_s10603-017-9353-0
    DOI: 10.1007/s10603-017-9353-0
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    References listed on IDEAS

    as
    1. Marco Loos & Joasia Luzak, 2016. "Wanted: a Bigger Stick. On Unfair Terms in Consumer Contracts with Online Service Providers," Journal of Consumer Policy, Springer, vol. 39(1), pages 63-90, March.
    2. Marco Loos & Joasia Luzak, 2016. "Wanted: a Bigger Stick. On Unfair Terms in Consumer Contracts with Online Service Providers," Journal of Consumer Policy, Springer, vol. 39(1), pages 63-90, March.
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    Citations

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    Cited by:

    1. C. Riefa, 2020. "Coronavirus as a Catalyst to Transform Consumer Policy and Enforcement," Journal of Consumer Policy, Springer, vol. 43(3), pages 451-461, September.
    2. F. Lagioia & A. Jabłonowska & R. Liepina & K. Drazewski, 2022. "AI in Search of Unfairness in Consumer Contracts: The Terms of Service Landscape," Journal of Consumer Policy, Springer, vol. 45(3), pages 481-536, September.
    3. M. Durovic & J. Poon, 2023. "Consumer Vulnerability, Digital Fairness, and the European Rules on Unfair Contract Terms: What Can Be Learnt from the Case Law Against TikTok and Meta?," Journal of Consumer Policy, Springer, vol. 46(4), pages 419-443, December.
    4. O. Seizov & A. J. Wulf & J. Luzak, 2019. "The Transparent Trap: A Multidisciplinary Perspective on the Design of Transparent Online Disclosures in the EU," Journal of Consumer Policy, Springer, vol. 42(1), pages 149-173, March.
    5. M. Durovic, 2020. "International Consumer Law: What Is It All About?," Journal of Consumer Policy, Springer, vol. 43(1), pages 125-143, March.
    6. Torsten J. Gerpott, 2022. "Reichen Gesetze gegen trickreiche digitale Nutzerschnittstellen? Politischer Handlungsbedarf bei Dark Patterns [Dark Patterns in Web User Interfaces: Toward an Incentive-Based Policy Approach Suppl," Wirtschaftsdienst, Springer;ZBW - Leibniz Information Centre for Economics, vol. 102(9), pages 688-693, September.

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    1. F. Lagioia & A. Jabłonowska & R. Liepina & K. Drazewski, 2022. "AI in Search of Unfairness in Consumer Contracts: The Terms of Service Landscape," Journal of Consumer Policy, Springer, vol. 45(3), pages 481-536, September.
    2. M. Durovic & J. Poon, 2023. "Consumer Vulnerability, Digital Fairness, and the European Rules on Unfair Contract Terms: What Can Be Learnt from the Case Law Against TikTok and Meta?," Journal of Consumer Policy, Springer, vol. 46(4), pages 419-443, December.

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