Rechtsleer

Unfair Commercial Practices Directive, Chapter 1, Article 2, (d) Unfair Commercial Practices Directive, Chapter 1, Article 2, (h) Unfair Commercial Practices Directive, Chapter 2, Article 5, 2.

Eerst doen, dan denken? Social media,databrokers en oneerlijke handelspraktijken.

Goanta and Mulders wonder how the notions of ‘professional diligence’ and ‘average consumer’ in the UCPD are to be interpreted in the context of digital social media services. They conclude that data-driven services, such as digital social media services, fall within the scope of the UCPD, in particular regarding misleading commercial practices. However, existing legal practices regarding interpretation and proof need to be improved as the complexity of social media platforms and the many ways in which they are used will require courts and academics to make better use of data science in order to better understand the behaviour of the average consumer, if that behaviour remains the central focal point of legal decision making.