Vulnerable Consumers in the Digital Era: How the UCTD Can Evolve to Combat Tech Exploitation?

The chapter discusses the adequacy of the UCTD to adapt to the technological changes in light of the recent cases against tech giants like TikTok, Meta, and X. At first, it showcases the differences between UCTD and other EU Regulations on consumer protection, such as Digital Markets Act and the General Data Protection Regulation, and their advantages and disadvantages. The main focus is analysing the protection framework of vulnerable groups, i.e. minors, against unfair contract terms, exploitation of their vulnerability for advertising purposes and data privacy. The concerns on TikTok’s privacy policies and terms are analysed while focusing on the legal battles fought in and out of the EU, as well as the company’s response to address the regulators’ concerns. Finally, the document suggests how the UCTD could be reformed to address the challenges of this new digital era mainly through three changes; the first one is the upgrade of the indicative list of unfair terms into a blacklist and the creation of a grey list, the second is to ensure transparency through better means of presentation, and third, the implementation of a personalised tiered disclosure system. These changes could better safeguard consumers in the digital marketplace, especially vulnerable groups of consumers.