Consumer Protection and Online Auction Platforms

Riefa, Christine

doi:10.4324/9781315573700

Cited by 5 publications

(3 citation statements)

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“…The pandemic has further entrenched their position. Aside from the thorny issues of how competition law ought to be able to shape the digital market, the question of how much liability platforms should shoulder when transactions occurring or originating on their platform cause harm to consumers remains unsettled (Riefa 2016;Van Eecke 2011).…”

Section: The Pandemic As a Catalyst To Transform Consumer Law Policy mentioning

confidence: 99%

Coronavirus as a Catalyst to Transform Consumer Policy and Enforcement

Riefa

2020

J Consum Policy

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A review of the unfair commercial practices (including price gouging) that have emerged in the context of the pandemic lead us to reflect on how effective consumer law enforcement is at this juncture. This article calls for the pandemic to act as a catalyst to review the way consumer law has so far approached markets and their regulation. It argues that now, more than ever, consumer law needs to protect the vulnerable and public enforcement mechanisms must be able to prevent harm as much as possible rather than repair it. Fairness should be by design and not something that is offered to consumers simply as a remedy. The article explores some viable solutions to effect this transformation of consumer policy and enforcement beyond the pandemic.

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Section: The Pandemic As a Catalyst To Transform Consumer Law Policy mentioning

confidence: 99%

Coronavirus as a Catalyst to Transform Consumer Policy and Enforcement

Riefa

2020

J Consum Policy

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“…Whilst cases do make it to court, often at the application of traders who seek to obtain payment from a consumer, 117 research suggests that many terms that would qualify as 'unfair' are present in traders' terms and conditions but remain unchallenged. 118 The focus that Smits' theory of radical legal pluralism places on facilitative rules, therefore, is not actually unfounded. It appears to reflect the reality of contracting in the European market, as well as in other market incidentally, in which the autonomy of contracting parties prevails.…”

Section: Private Actors As Lawmakersmentioning

confidence: 99%

Pluralism in European Private Law

Mak

2018

Camb. Yearb. Eur. Legal Stud.

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This article takes stock of legal pluralist thinking in European private law. In which ways have existing theories brought forward our understanding of lawmaking in European private law? Central to that debate are the competing rationalities of EU internal market law, on the one hand, and national, juridical systems of private law on the other hand. An analysis of norms, processes, and actors involved in lawmaking in European private law reveals a field that has matured, but that is now at the threshold of a re-evaluation and potentially a transformation in lawmaking from ordered to strong legal pluralism, with a greater role for private regulation.

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“…In most cases, customers are expecting that they need to provide only necessary information. This statement could be proven in a variety of sectors, especially in the health care and financial sectors 2 (Riefa, 2015). However, these statements concerning the clear connection between the demands for data amounts and return value from the service providers cannot be held as a rule.…”

Section: Introductionmentioning

confidence: 99%

Interaction Between Big Data and Competition Law in Digital Single Market

Puksas

2016

CBUP

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Representatives of undertakings are familiar with the importance of carefully handling and protecting personal data. However, this does not lessen the importance of improving legislation regarding data management. Both the content and quantity of information have value and potentially determine the strength of the undertakings that can access such information. This influences the constant growth in demand to improve the legal framework. The consumers and institutions responsible for consumer protection are the main initiators and stakeholders of such demand. The constant growth in the amount of preserved data more sharply raises the questions about data protection. The potential risk raises proposals enabling a competition law in data protection.

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Consumer Protection and Online Auction Platforms

Cited by 5 publications

References 0 publications

Coronavirus as a Catalyst to Transform Consumer Policy and Enforcement

Coronavirus as a Catalyst to Transform Consumer Policy and Enforcement

Pluralism in European Private Law

Interaction Between Big Data and Competition Law in Digital Single Market

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