Innovation and the Transformation of Consumer Law

Table of Contents

1. Frontmatter

2. Consumers in a Digital Economy

   1. Frontmatter

   2. Principles and Programs to Protect Consumers from the Deleterious Effects of Technological Innovation

      Mark E. Budnitz

      Abstract

      Technology has transformed the environment in which most consumers select products, promise to buy them, pay for them, and use them.

   3. Consumer Protection and Sharing Economy. Preliminary Ideas from the Argentine View

      Sergio Sebastián Barocelli

      Abstract

      Legal protection of consumers tries to respond to the consequences suffered by the effects of the so-called “society of consumers” [1‐4], also describes in Economics as “market failures” [5‐7].

   4. Freedom of Contract and New Economic Models

      A New Approach of European and French Consumers Law for Internet of Things Malo Depincé

      Abstract

      What would be new issues in Europe for consumers Law? Economic models of many companies have probably evolved and there’s no doubt that the foundations upon which legal frame.

   5. Consumer Protection in e-Commerce and Online Services

      Ashfaq M. Naikwadi

      Abstract

      Consumer Protection has become a great concern to all world countries. It has gained importance to Political, Social, Corporate, Cultural and overall Human developments. In India the Consumer is Called as “King”.

   6. Consumers Users, by Definition, Include Us All—The Problems and Consequences of a New Approach to Consumer Protection in the Digital Era

      Monika Jagielska

      Abstract

      “Consumers, by definition, include us all.” This sentence, contained in the Special Message of American President J. F. Kennedy on March 15, 1962 is often cited to emphasize the importance of consumer rights. The message itself is considered a decisive point in the development of consumer law.

   7. Digital Platformers’ Responsibilities to Platform Users; ‘Consumer Protection’ in B2C and C2C e-Commerce

      Shizuko Tanaka

      Abstract

      As internet use is expanded, variable internet businesses are appearing. The purpose of this study is to clarify whether digital platforms, which provide online shopping and auction services, have a responsibility to provide a proper platform service which fully protects its users. The business model of such digital platforms is more different and rapidly evolving than ever. Hence, we find that there is insufficient legislation to protect users, and hence we need a new worldwide framework of rules to maintain platformer’s responsibilities to one another.

   8. Towards Tourists Protection in the Digital Age

      Ezequiel N. Mendieta

      Abstract

      The digital revolution has changed our lives. Social media, sharing economies, big data are challenges faced by society today. The globalised world offers more opportunities to approach new places. Therefore, people travel more often around the world and discover different cities, cultures, taste new flavours of local foods, and many other experiences which tourism can provide.

      Tourists are involved in complex relationships because travelling includes many kinds of services such as transport, accommodation, tours, etc. That condition was recognised in the Tourists Code of United Nation World Tourism Organization of 1985 by article XIII.2.b. Therefore, tourists are protected by Consumer Law. In fact, the United Nations Guidelines for Consumer Protection were modified in 2015 and added a specific guideline dedicated to tourists (Guideline 78), which provides that “Member States should ensure that their consumer protection policies are adequate to address the marketing and provision of goods and services related to tourism.”

      At the same time, tourists are considered vulnerable or hypervulnerable consumers because they are more exposed than any other kind of consumer to suffer damages or unfair treatment. It is certain that tourists are in a different country or city, where people could speak in a different language or have different idiosyncrasies.

      In this context, the digital revolution has had an important impact on tourism. Nowadays, tourists book their trip by themselves through online travel agencies or digital platforms such as Airbnb. E-commerce is an important tool for tourists because they might book transport, buy tickets for attraction, etc., by themselves without intermediaries. Another significant impact of the technology on tourism is social media. There are several blogs where tourists may obtain information about the experiences of other visitors to the same hotel or attraction.

      Despite all the benefits of the digital age, tourists have to deal, besides their disadvantaged position as tourists, with another vulnerability which is that they are e-commerce consumers. In fact, tourists usually have problems with the accommodation that they have booked by an app or digital platform where there are no clear about mechanisms to make a complaint against traders. Furthermore, tourists may be victims of geo-blocking avoiding the access to a particular good or service. Hence, tourists need a specific and strong cross-border protection like The Hague Conference’s proposal of Convention on Co-operation and Access to Justice concerning international tourists.

      This paper estimates the impact of the digital revolution on tourism and their benefits. The International Consumer Law protects tourists and the different regulations about tourism may contribute to our understanding of tourists’ protection. The aim of the present investigation was to explore the tourists’ challenges facing the digital age by analysing e-commerce problems and discrimination like geo-blocking. Indeed, it is possible to postulate that tourists are vulnerable consumers in the digital age and they need specific and cross-border protection, mainly in mechanisms of dispute resolution and redress.

   9. Goods with Embedded Software: Consumer Protection 2.0 in Times of Digital Content?

      Jasper Vereecken, Jarich Werbrouck

      Abstract

      Software has acquired a central role in the lives of almost anyone taking part in modern society. People buy watches measuring their blood pressure and heart pulsation, cars slowing down automatically when getting to close to the car in front and computers with pre-installed software. However, digital content is not only dispersed via tangible media. People also acquire digital content and digital services apart from a tangible medium (mostly online). Streaming music and downloading movies are just two of the many examples.

   10. The Challenges of Smart Insurance Contracts to Consumers: Based on the Chinese Law

       M. A. Kailiang

       Abstract

       Consumer rights have always been the focus of researching in consumer rights protection laws around the world.

   11. Consumer Law Facing the Advent of the Child E-Consumer

       Maxime Peron

       Abstract

       The current society is characterized by a mass-consumption, targeting all subjects of law, including a particularly vulnerable public: children. Several scenes from everyday life can testify to the encounter between children and the consumer market, like the many advertisements aimed at them, the pocket money they can benefit from, products and services specially created for them, or the various celebrations in their honor as Christmas and birthday. It can also be considered that the various gifts offered to him contribute to the child’s legal involvement by joining his patrimony. Moreover, although indirect, it could be the minor’s first confrontation with the reality of the consumerist world in which he or she has just been born.

   12. Juridical Validity of (The) Artificial Intelligence in the Theory of Preventive Consumer Law in Digital Advertising

       Camilo Alfonso Escobar Mora

       Abstract

       This article explains how artificial intelligence can be valid (juridically valid) in the theory of preventive consumer law in digital advertising (created by the author of this text). In the theory (in that theory)—the—artificial intelligence is a product (good and/or service, depending on the case). Therefore: that product has to be valid (must be valid) because is its juridical must be. And: (also) because if that product is valid it can make valid business digital advertising (in the cases when artificial intelligence is necessary to make valid advertising). The form to make (that) artificial intelligence valid is trough mercantile (commercial) diligence. Because: is the diligence that governs the company acts (juridical acts). So: if the company is diligent (acting through its mercantile diligence—trough the mercantile diligence that has to accomplish with according to the case. Tailored to the case—) the artificial intelligence is valid. Properly: if the company is diligent (mercantile diligent) all its acts (including: its acts related to artificial intelligence—to the creation and/or use of artificial intelligence—) are valid. And: if the other party involved in a (juridical) relationship with the company is diligent (over the diligence that applies to the—that—party according to her/his/its juridical profile tailored to the case) the relationship is valid. In this case (in the theory—in this theme. In this subject. In this matter—) if the company is diligent and the consumer (that is the party that receives and perceives its advertising—the company’s advertising—and due to that it’s formed a extracontractual and/or contractual juridical relationship between the company and the consumer—that in consumer law is called: consumption relationship—, depending on the case) is diligent (over the diligence that apply to each party according to her/his/its juridical profile tailored to the case)—properly: if both parties of the relationship are diligent. Each one under the diligence that applies to her/his/its juridical profile tailored to the case—) the (juridical) relationship between them (properly: the juridical relationship) is valid.

       Concepts

       • Theory of preventive consumer law in digital advertising: is a theory that consists on the foundations for making valid (digital business—company. Enterprise—) advertising through (the) detection of (the) advertising variables and attention of the form in that the law (law) proceeds (applies) to it (to each variable of advertising and to the advertising as a whole) by creating and applying preventive law forms (juridical validity solutions) tailored to the case that make the valid case (the valid case of the juridical relationship between the company and the consumer formed on the basis of a business digital advertising) because its being (the case) coincides with its juridical must be (the law—with the form that the law proceeds, that is to say: applies, to the being tailored to the being—).
       • Advertising (in the theory of preventive consumer law in digital advertising): is any form of company’s communication that influences or tries to influence the consumption decisions (that is to say: the consumer decision regarding company products—business products—).
       • Consumption relationship (in the theory of preventive consumer law in digital advertising): is the (extracontractual and/or contractual, depending on the case) juridical relationship between the company and the consumer.
       • Artificial intelligence (in the theory of preventive consumer law in digital advertising): is a product that can be a good and/or service according to the case.
       • Juridical validity (in the theory of preventive consumer law in digital advertising): is when the being coincides with its juridical must be (that is to say: coincides with the law—coincides with the form in that the law proceeds, that is to say: applies, to the being. In the being. Tailored to the being—).