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The Consumer Benchmarks in the Unfair Commercial Practices Directive
This book investigates the regime of consumer benchmarks in the Unfair Commercial Practices Directive and explores to what extent this regime meets each of the goals of the Directive. In particular, it assesses whether the consumer benchmarks are suitable in terms of achieving the three goals of the Directive: achieving a high level of consumer protection, increasing the smooth functioning of the internal market, and improving competition in the market as such. In addition to providing a thorough analysis of the consumer benchmarks and their relationship to the goals of the Directive, at a more practical level, the book provides insight into the working and consequences of the benchmarks that can be used in the evaluation of the Unfair Commercial Practices Directive and its application by the CJEU. This assessment is important because the Directive, while promising to regulate unfair commercial practices in a way that achieves the Directive’s goals, has removed the possibility for Member States to regulate unfair commercial practices themselves.
Research Handbook on EU Data Protection Law
Bringing together leading European scholars, this thought-provoking Research Handbook provides a state-of-the-art overview of the scope of research and current thinking in the area of European data protection. Offering critical insights on prominent strands of research, it examines key challenges and potential solutions in the field. Chapters explore the fundamental right to personal data protection, government-to-business data sharing, data protection as performance-based regulation, privacy and marketing in data-driven business models, data protection and judicial automation, and the role of consent in an algorithmic society.
The Average Consumer in Confusion-based Disputes in European Trademark Law and Similar Fictions
This book contends that, with regard to the likelihood of confusion standard, European trademark law applies the average consumer incoherently and inconsistently. To test this proposal, it presents an analysis of the horizontal and vertical level of harmonization of the average consumer. The horizontal part focuses on similar fictions in areas of law adjacent to European trademark law (and in economics), and the average consumer in unfair competition law. The vertical part focuses on European trademark law, represented mainly by EU trademark law, and the trademark laws of the UK, Sweden, Denmark and Norway. The book provides readers with a better understanding of key aspects of European trademark law (the average consumer applied as part of the likelihood of confusion standard) and combines relevant law and practices with theoretical content and other related areas of law (and economics). Accordingly, it is an asset for policymakers and practitioners, as well as general readers with an interest in intellectual property law and theory.
Mobile Payments, Consumer Policy, and the Law
Mobile technology offers an innovative and cost-effective channel for delivering a range of financial services, including mobile payments. In some jurisdictions, mobile payments simply provide a convenient option for facilitating payment transactions. In other jurisdictions, mobile payments are viewed as potentially transformative because they present an opportunity to expand access to financial services. However, as with other innovations, mobile payments raise consumer protection concerns and require robust regulatory mechanisms to address such concerns. Against this backdrop, the book adopts a typology of consumer policy tools which can be used to address the identified consumer concerns....
The Consumer Benchmarks in the Unfair Commercial Practices Directive
This book investigates the regime of consumer benchmarks in the Unfair Commercial Practices Directive and explores to what extent this regime meets each of the goals of the Directive. In particular, it assesses whether the consumer benchmarks are suitable in terms of achieving the three goals of the Directive: achieving a high level of consumer protection, increasing the smooth functioning of the internal market, and improving competition in the market as such. In addition to providing a thorough analysis of the consumer benchmarks and their relationship to the goals of the Directive, at a more practical level, the book provides insight into the working and consequences of the benchmarks that can be used in the evaluation of the Unfair Commercial Practices Directive and its application by the CJEU. This assessment is important because the Directive, while promising to regulate unfair commercial practices in a way that achieves the Directive's goals, has removed the possibility for Member States to regulate unfair commercial practices themselves.
The EU Digital Services Act (DSA)
The EU Digital Services Act (DSA) provides a comprehensive framework regulating the provision of digital intermediary services in the EU internal market. It clarifies the conditions under which service providers can avoid being held liable for their users’ illegal content, establishes a set of harmonized duties they must follow, and sets broad safeguards for users’ rights. As an extensive article-by-article commentary, this book offers a comprehensive guide to the complex web of the DSA’s tightly intertwined provision. On a systemic level, it also contextualizes the DSA by exploring its relationship to other relevant legal instruments, such as those related to consumer protection, data...
Research Methods in Consumer Law
Consumer law is worthy of greater academic attention at a time when many new questions arise and old ones need new answers. This unique handbook takes the reader on a journey through existing literature, research questions and methods. It builds on the state of the art to offer a springboard for jumping to the heart of contemporary issues and equips researchers with a starter’s kit to weave together rich traditions, ranging from socio-economics to behavioural analysis.
Vulnerable Consumers and the Law
This book charts the difficulties encountered by vulnerable consumers in their access to justice, through the contributions of prominent authors (academic, practitioners and consultants) in the field of consumer law and access to justice. It demonstrates that despite the development of ADR, access to justice is still severely lacking for the vulnerable consumer. The book highlights that a broad understanding of access to justice, which encompasses good regulation and its public enforcement, is an essential ingredient alongside access to the mechanisms of traditional private justice (courts and ADR) to protect the vulnerable consumer. Indeed, many of the difficulties are linked to normative o...
Interesses econômicos e as práticas comerciais desleais
O livro apresenta, a partir de uma abordagem sistémica do modelo de proteção dos interesses econômicos dos consumidores na União Europeia e no ordenamento jurídico português, uma profunda análise das normas de proteção do consumidor contra as práticas comerciais desleais que impactam significativamente sobre a capacidade de realização de uma decisão de transação esclarecida. Ao longo do texto, o autor busca demonstrar que os interesses econômicos dos consumidores representam um conjunto de direitos destinados à manutenção de um desejado nível de equilíbrio entre fornecedores e consumidores não apenas em relação aos direitos e obrigações, como também aos aspectos comportamentais adotados. Ao final, realiza uma abordagem sobre a deslealdade advinda da influência indevida que se origina da utilização furtiva do neuromarketing como estratégia de ampliação do impacto persuasivo da prática comercial.
Haftung für CSR
Corporate social responsibility (CSR) spielt im unternehmerischen Wettbewerb eine erhebliche Rolle. Nachhaltigkeitsaspekte werden nicht nur bei Konsum-, sondern etwa auch bei Investitionsentscheidungen immer relevanter. Sven Asmussen widmet sich dem Phanomen CSR aus privatrechtlicher Sicht. Er untersucht, welche Haftung Unternehmen trifft, die gegen CSR-bezogene Verhaltenskodizes (CSR-Codes) verstossen bzw. uber deren Einhaltung tauschen. Im Fokus steht dabei eine Haftung gegenuber den primaren Adressaten der Codes, d.h. gegenuber Mitbewerbern, Anlegern und Abnehmern. Der Autor zeigt, dass sich eine Zuwiderhandlungshaftung nur auf rechtsgeschaftlicher Grundlage und daher nur in Ausnahmefallen begrunden lasst. Er zeigt aber auch, dass sich aus dem Zusammenspiel von Delikts- und Lauterkeitsrecht eine Informationshaftung ergibt, die geeignet ist, einen funktionierenden Wettbewerb um CSR am Kapital- wie am Produktmarkt sicher zu stellen.
