Consumer law
Sax, M.
Between Empowerment and Manipulation: The Ethics and Regulation of For-Profit Health Apps Book
Wolters Kluwer, 2021, ISBN: 9789403537917.
@book{Sax2021f,
title = {Between Empowerment and Manipulation: The Ethics and Regulation of For-Profit Health Apps},
author = {Sax, M.},
url = {https://www.ivir.nl/sax_info_47-2/},
isbn = {9789403537917},
year = {2021},
date = {2021-09-30},
urldate = {2021-09-30},
publisher = {Wolters Kluwer},
series = {Information Law Series},
keywords = {},
pubstate = {published},
tppubtype = {book}
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Sax, M.
Between Empowerment and Manipulation: The Ethics and Regulation of For-Profit Health Apps PhD Thesis
2021.
@phdthesis{Sax2021bb,
title = {Between Empowerment and Manipulation: The Ethics and Regulation of For-Profit Health Apps},
author = {Sax, M.},
url = {https://dare.uva.nl/search?identifier=52225d37-e7e1-4883-9dab-a3f5d3a063d8},
year = {2021},
date = {2021-03-26},
abstract = {In the digital society, many of our everyday activities take place within digital choice architectures that become increasingly good at understanding and shaping our behavior. Health apps are a perfect example of this trend: they are easy to download and use and promise user empowerment. By collecting and analyzing user data, health apps promise to be able to ‘get to know’ their users and deliver personalized feedback and suggestions for better health outcomes. But this promise of user empowerment also comes with a risk of user manipulation. Most of the popular health apps are for-profit services. To monetize their userbase, they can rely on the very same user data collection, data analysis, and targeting techniques to shape the behavior of health app users in ways that benefit the health app provider, rather than the users themselves. As it turns out, the very conditions for empowerment largely overlap with the conditions for manipulation.
This dissertation offers an ethical and legal analysis of the tension between empowerment and manipulation in for-profit health apps, and digital choice architectures more generally. Building on ethical theories of personal autonomy and manipulation, the dissertation develops an ethical framework to evaluate the design and commercial practices of health apps. This ethical framework is then used to develop novel interpretations of key concepts in the Unfair Commercial Practices Directive (UCPD). Based on these novel interpretations of key concepts, it is argued that the UCPD has an important role to play in addressing consumer manipulation. },
keywords = {},
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In the digital society, many of our everyday activities take place within digital choice architectures that become increasingly good at understanding and shaping our behavior. Health apps are a perfect example of this trend: they are easy to download and use and promise user empowerment. By collecting and analyzing user data, health apps promise to be able to ‘get to know’ their users and deliver personalized feedback and suggestions for better health outcomes. But this promise of user empowerment also comes with a risk of user manipulation. Most of the popular health apps are for-profit services. To monetize their userbase, they can rely on the very same user data collection, data analysis, and targeting techniques to shape the behavior of health app users in ways that benefit the health app provider, rather than the users themselves. As it turns out, the very conditions for empowerment largely overlap with the conditions for manipulation.
This dissertation offers an ethical and legal analysis of the tension between empowerment and manipulation in for-profit health apps, and digital choice architectures more generally. Building on ethical theories of personal autonomy and manipulation, the dissertation develops an ethical framework to evaluate the design and commercial practices of health apps. This ethical framework is then used to develop novel interpretations of key concepts in the Unfair Commercial Practices Directive (UCPD). Based on these novel interpretations of key concepts, it is argued that the UCPD has an important role to play in addressing consumer manipulation.
Helberger, N.; Lynskey, O.; Micklitz, H.-W.; Rott, P.; Sax, M.; Strycharz, J.
EU Consumer Protection 2.0: Structural Asymmetries in Digital Consumer Markets Technical Report
2021.
@techreport{Helberger2021,
title = {EU Consumer Protection 2.0: Structural Asymmetries in Digital Consumer Markets},
author = {Helberger, N. and Lynskey, O. and Micklitz, H.-W. and Rott, P. and Sax, M. and Strycharz, J.},
url = {https://www.beuc.eu/publications/beuc-x-2021-018_eu_consumer_protection.0_0.pdf},
year = {2021},
date = {2021-03-05},
keywords = {},
pubstate = {published},
tppubtype = {techreport}
}
Sax, M.; Ausloos, J.
In: Interactive Entertainment Law Review, vol. 4, no. 1, 2021.
@article{SaxAusloos2021,
title = {Getting under your skin(s): A legal-ethical exploration of Fortnite’s transformation into a content delivery platform and its manipulative potential},
author = {Sax, M. and Ausloos, J.},
url = {https://www.ivir.nl/saxausloos_getting-under-your-skins_fortnite-2/},
year = {2021},
date = {2021-03-01},
urldate = {2021-03-01},
journal = {Interactive Entertainment Law Review},
volume = {4},
number = {1},
abstract = {This paper investigates the ethical and legal implications of increasingly manipulative practices in the gaming industry by looking at one of the currently most popular and profitable video games in the world. Fortnite has morphed from an online game into a quasi-social network and an important cultural reference point in the lifeworld of many (young) people. The game is also emblematic of the freemium business model, with strong incentives to design the game in a manner which maximises microtransactions. This article suggests that to properly understand Fortnite’s practices \textendash which we predict will become more widely adopted in the video game industry in the near future \textendash we need an additional perspective. Fortnite is not only designed for hyper-engagement; its search for continued growth and sustained relevance is driving its transformation from being a mere video game into a content delivery platform. This means that third parties can offer non game-related services to players within Fortnite’s immersive game experience. In this paper, we draw on an ethical theory of manipulation (which defines manipulation as an ethically problematic influence on a person’s behaviour) to explore whether the gaming experience offered by Fortnite harbours manipulative potential. To legally address the manipulative potential of commercial video game practices such as the ones found in Fortnite, we turn to European data protection and consumer protection law. More specifically, we explore how the European Union’s General Data Protection Regulation and Unfair Commercial Practices Directive can provide regulators with tools to address Fortnite’s manipulative potential and to make Fortnite (more) forthright.},
keywords = {},
pubstate = {published},
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}
This paper investigates the ethical and legal implications of increasingly manipulative practices in the gaming industry by looking at one of the currently most popular and profitable video games in the world. Fortnite has morphed from an online game into a quasi-social network and an important cultural reference point in the lifeworld of many (young) people. The game is also emblematic of the freemium business model, with strong incentives to design the game in a manner which maximises microtransactions. This article suggests that to properly understand Fortnite’s practices – which we predict will become more widely adopted in the video game industry in the near future – we need an additional perspective. Fortnite is not only designed for hyper-engagement; its search for continued growth and sustained relevance is driving its transformation from being a mere video game into a content delivery platform. This means that third parties can offer non game-related services to players within Fortnite’s immersive game experience. In this paper, we draw on an ethical theory of manipulation (which defines manipulation as an ethically problematic influence on a person’s behaviour) to explore whether the gaming experience offered by Fortnite harbours manipulative potential. To legally address the manipulative potential of commercial video game practices such as the ones found in Fortnite, we turn to European data protection and consumer protection law. More specifically, we explore how the European Union’s General Data Protection Regulation and Unfair Commercial Practices Directive can provide regulators with tools to address Fortnite’s manipulative potential and to make Fortnite (more) forthright.
Yakovleva, S.; Geursen, W.; Arnbak, A.
Kaleidoscopic data-related enforcement in the digital age Journal Article
In: Common Market Law Review, vol. 57, no. 5, pp. 1461-1494, 2020.
@article{Yakovleva2020c,
title = {Kaleidoscopic data-related enforcement in the digital age},
author = {Yakovleva, S. and Geursen, W. and Arnbak, A.},
url = {https://www.ivir.nl/publicaties/download/CMLR_2020.pdf},
year = {2020},
date = {2020-10-01},
journal = {Common Market Law Review},
volume = {57},
number = {5},
pages = {1461-1494},
abstract = {The interplay between competition, consumer and data protection law, when applied to data collection and processing practices, may lead to situations where several competent authorities can, independently, carry out enforcement actions against the same practice, or where an authority competent to carry out enforcement in one area of law can borrow the concepts of another area to advance its own goals. The authors call this “kaleidoscopic enforcement”. Kaleidoscopic enforcement may undermine existing coordination mechanisms within specif ic areas, and may lead to both the incoherent enforcement of EU rules applicable to data, and to sub-optimal enforcement. An EU level binding
inter-disciplinary coordination mechanism between competition, consumer and data protection authorities is needed. Now the Commission has announced ambitious plans to enhance the coherent application of EU law in several areas, it is the perfect time to work towards creating such an enforcement mechanism.},
keywords = {},
pubstate = {published},
tppubtype = {article}
}
The interplay between competition, consumer and data protection law, when applied to data collection and processing practices, may lead to situations where several competent authorities can, independently, carry out enforcement actions against the same practice, or where an authority competent to carry out enforcement in one area of law can borrow the concepts of another area to advance its own goals. The authors call this “kaleidoscopic enforcement”. Kaleidoscopic enforcement may undermine existing coordination mechanisms within specif ic areas, and may lead to both the incoherent enforcement of EU rules applicable to data, and to sub-optimal enforcement. An EU level binding
inter-disciplinary coordination mechanism between competition, consumer and data protection authorities is needed. Now the Commission has announced ambitious plans to enhance the coherent application of EU law in several areas, it is the perfect time to work towards creating such an enforcement mechanism.
inter-disciplinary coordination mechanism between competition, consumer and data protection authorities is needed. Now the Commission has announced ambitious plans to enhance the coherent application of EU law in several areas, it is the perfect time to work towards creating such an enforcement mechanism.
Helberger, N.; Huh, J.; Milne, G.; Strycharz, J.
Macro and Exogenous Factors in Computational Advertising: Key Issues and New Research Directions Journal Article
In: Journal of Advertising, vol. 49, no. 4, pp. 377-393, 2020.
@article{Helberger2020h,
title = {Macro and Exogenous Factors in Computational Advertising: Key Issues and New Research Directions},
author = {Helberger, N. and Huh, J. and Milne, G. and Strycharz, J.},
doi = {https://doi.org/10.1080/00913367.2020.1811179},
year = {2020},
date = {2020-09-11},
journal = {Journal of Advertising},
volume = {49},
number = {4},
pages = {377-393},
abstract = {To advance the emerging research field of computational advertising this article describes the new computational advertising ecosystem, identifies key actors within it and interactions among them, and discusses future research agendas. Specifically, we propose systematic conceptualization for the redefined advertising industry, consumers, government, and technology environmental factors, and discuss emerging and anticipated tensions that arise in the macro and exogenous factors surrounding the new computational advertising industry, leading to suggestions for future research directions. From multidisciplinary angles, areas of tension and related research questions are explored from advertising, business, computer science, and legal perspectives. The proposed research agendas include exploring transparency of computational advertising practice and consumer education; understanding the trade-off between explainability and performance of algorithms; exploring the issue of new consumers as free data laborers, data as commodity, and related consumer agency challenges; understanding the relationship between algorithmic transparency and consumers’ literacy; evaluating the trade-off between algorithmic fairness and privacy protection; examining legal and regulatory issues regarding power imbalance between actors in the computational advertising ecosystem; and studying the trade-off between technological innovation and consumer protection and empowerment.},
keywords = {},
pubstate = {published},
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}
To advance the emerging research field of computational advertising this article describes the new computational advertising ecosystem, identifies key actors within it and interactions among them, and discusses future research agendas. Specifically, we propose systematic conceptualization for the redefined advertising industry, consumers, government, and technology environmental factors, and discuss emerging and anticipated tensions that arise in the macro and exogenous factors surrounding the new computational advertising industry, leading to suggestions for future research directions. From multidisciplinary angles, areas of tension and related research questions are explored from advertising, business, computer science, and legal perspectives. The proposed research agendas include exploring transparency of computational advertising practice and consumer education; understanding the trade-off between explainability and performance of algorithms; exploring the issue of new consumers as free data laborers, data as commodity, and related consumer agency challenges; understanding the relationship between algorithmic transparency and consumers’ literacy; evaluating the trade-off between algorithmic fairness and privacy protection; examining legal and regulatory issues regarding power imbalance between actors in the computational advertising ecosystem; and studying the trade-off between technological innovation and consumer protection and empowerment.
Yakovleva, S.; Geursen, W,W,; Arnbak, A.
Drie mogelijke boetes van mededingings-, consumenten- en persoonsgegevensautoriteiten voor hetzelfde datagebruik Journal Article
In: Tijdschrift Mededingingsrecht in de Praktijk, no. 2, pp. 30-37, 2020.
@article{Yakovleva2020b,
title = {Drie mogelijke boetes van mededingings-, consumenten- en persoonsgegevensautoriteiten voor hetzelfde datagebruik},
author = {Yakovleva, S. and Geursen, W,W, and Arnbak, A.},
url = {https://www.ivir.nl/publicaties/download/MP_2020_164.pdf},
year = {2020},
date = {2020-06-09},
journal = {Tijdschrift Mededingingsrecht in de Praktijk},
number = {2},
pages = {30-37},
abstract = {Door de toename van datagebruik door ondernemingen is er sprake van convergentie tussen het mededingings-, consumenten- en gegevensbeschermingsrecht. Er kan dan parallelle handhaving plaatsvinden ten aanzien van \'{e}\'{e}n en dezelfde handeling door dezelfde onderneming door drie verschillende autoriteiten. Dat noemen wij caleidoscopische handhaving. Dat heeft volgens ons verschillende keerzijden, waaronder het risico op overhandhaving door drie afzonderlijke procedures van drie afzonderlijke autoriteiten en mogelijk drie boetes. Wij onderzoeken in dit artikel waarom het ne-bis-in-idem-beginsel niet van toepassing is en het beginsel van eendaadse samenloop evenmin (net als in de recente Marine Harvest gun-jumping zaak), waardoor proportionaliteit overblijft.},
keywords = {},
pubstate = {published},
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}
Door de toename van datagebruik door ondernemingen is er sprake van convergentie tussen het mededingings-, consumenten- en gegevensbeschermingsrecht. Er kan dan parallelle handhaving plaatsvinden ten aanzien van één en dezelfde handeling door dezelfde onderneming door drie verschillende autoriteiten. Dat noemen wij caleidoscopische handhaving. Dat heeft volgens ons verschillende keerzijden, waaronder het risico op overhandhaving door drie afzonderlijke procedures van drie afzonderlijke autoriteiten en mogelijk drie boetes. Wij onderzoeken in dit artikel waarom het ne-bis-in-idem-beginsel niet van toepassing is en het beginsel van eendaadse samenloop evenmin (net als in de recente Marine Harvest gun-jumping zaak), waardoor proportionaliteit overblijft.
Poort, J.; Zuiderveen Borgesius, F.
Does everyone have a price? Understanding people’s attitude towards online and offline price discrimination Journal Article
In: Internet Policy Review, vol. 8, no. 1, 2019.
@article{Poort2019b,
title = {Does everyone have a price? Understanding people’s attitude towards online and offline price discrimination},
author = {Poort, J. and Zuiderveen Borgesius, F.},
url = {https://policyreview.info/articles/analysis/does-everyone-have-price-understanding-peoples-attitude-towards-online-and-offline},
year = {2019},
date = {2019-02-12},
journal = {Internet Policy Review},
volume = {8},
number = {1},
abstract = {Online stores can present a different price to each customer. Such algorithmic personalised pricing can lead to advanced forms of price discrimination based on the characteristics and behaviour of individual consumers. We conducted two consumer surveys among a representative sample of the Dutch population (N=1233 and N=1202), to analyse consumer attitudes towards a list of examples of price discrimination and dynamic pricing. A vast majority finds online price discrimination unfair and unacceptable, and thinks it should be banned. However, some pricing strategies that have been used by companies for decades are almost equally unpopular. We analyse the results to better understand why people dislike many types of price discrimination.},
keywords = {},
pubstate = {published},
tppubtype = {article}
}
Online stores can present a different price to each customer. Such algorithmic personalised pricing can lead to advanced forms of price discrimination based on the characteristics and behaviour of individual consumers. We conducted two consumer surveys among a representative sample of the Dutch population (N=1233 and N=1202), to analyse consumer attitudes towards a list of examples of price discrimination and dynamic pricing. A vast majority finds online price discrimination unfair and unacceptable, and thinks it should be banned. However, some pricing strategies that have been used by companies for decades are almost equally unpopular. We analyse the results to better understand why people dislike many types of price discrimination.
Helberger, N.; Zuiderveen Borgesius, F.; Reyna, A.
The perfect match? A closer look at the relationship between EU consumer law and data protection law Journal Article
In: Common Market Law Review, vol. 2017, no. 5, pp. 1427-1466, 2017.
@article{Helberger2017b,
title = {The perfect match? A closer look at the relationship between EU consumer law and data protection law},
author = {Helberger, N. and Zuiderveen Borgesius, F. and Reyna, A. },
url = {https://www.ivir.nl/publicaties/download/CMLR_2017_5.pdf},
year = {2017},
date = {2017-10-06},
journal = {Common Market Law Review},
volume = {2017},
number = {5},
pages = {1427-1466},
abstract = {In modern markets, many companies offer so-called “free” services and monetize consumer data they collect through those services. This paper argues that consumer law and data protection law can usefully complement each other. Data protection law can also inform the interpretation of consumer law. Using consumer rights, consumers should be able to challenge excessive collection of their personal data. Consumer organizations have used consumer law to tackle data protection infringements. The interplay of data protection law and consumer protection law provides exciting opportunities for a more integrated vision on “data consumer law”.},
keywords = {},
pubstate = {published},
tppubtype = {article}
}
In modern markets, many companies offer so-called “free” services and monetize consumer data they collect through those services. This paper argues that consumer law and data protection law can usefully complement each other. Data protection law can also inform the interpretation of consumer law. Using consumer rights, consumers should be able to challenge excessive collection of their personal data. Consumer organizations have used consumer law to tackle data protection infringements. The interplay of data protection law and consumer protection law provides exciting opportunities for a more integrated vision on “data consumer law”.
Guibault, L.
Individual Licensing Models and Consumer Protection Miscellaneous
2016, (
In: <em>Exploring Sensible Ways for Paying Copyright Owners?</em>, R.M. Hilty & K.-C. Liu (eds.), Berlin/Heidelberg: Springer 2016, forthcoming.
).
@misc{,
title = {Individual Licensing Models and Consumer Protection},
author = {Guibault, L.},
url = {http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2713765},
year = {2016},
date = {2016-02-05},
abstract = {
Copyright law is not primarily directed at consumers. Their interests are therefore only marginally accounted for, as the copyright rules exempt specific uses of works from the right holder’s control. This chapter examines the impact of digital technology on the position of consumers of licensed copyrighted content. While ownership of the physical embodiment of a work does not entail the ownership of the rights in the work, how does copyright law deal with ‘disembodied’ works? Whereas digital content is now commonly distributed on the basis of individual licensing schemes, what does it mean for consumers? Do they have a claim under consumer protection law against copyright owners for the impossibility to make a copy for private purposes, the lack of interoperability between devices, and the geo-blocking of their account?
},
note = {
In: \<em\>Exploring Sensible Ways for Paying Copyright Owners?\</em\>, R.M. Hilty \& K.-C. Liu (eds.), Berlin/Heidelberg: Springer 2016, forthcoming.
},
keywords = {},
pubstate = {published},
tppubtype = {misc}
}
Copyright law is not primarily directed at consumers. Their interests are therefore only marginally accounted for, as the copyright rules exempt specific uses of works from the right holder’s control. This chapter examines the impact of digital technology on the position of consumers of licensed copyrighted content. While ownership of the physical embodiment of a work does not entail the ownership of the rights in the work, how does copyright law deal with ‘disembodied’ works? Whereas digital content is now commonly distributed on the basis of individual licensing schemes, what does it mean for consumers? Do they have a claim under consumer protection law against copyright owners for the impossibility to make a copy for private purposes, the lack of interoperability between devices, and the geo-blocking of their account?
Irion, K.
In: International Journal of Law and Information Technology, vol. 23, no. 4, pp. 348-371., 2015, ((2015) International Journal of Law and Information Technology 23(4): 348-371, DOI: 10.1093/ijlit/eav015, available at http://ijlit.oxfordjournals.org/content/23/4/348.abstract).
@article{,
title = {Your Digital Home is No Longer Your Castle: How Cloud Computing Transforms the (Legal) Relationship between Individuals and Their Personal Records},
author = {Irion, K.},
url = {http://www.ivir.nl/publicaties/download/1584.pdf},
doi = {10.1093/ijlit/eav015},
year = {2015},
date = {2015-09-29},
journal = {International Journal of Law and Information Technology},
volume = {23},
number = {4},
pages = {348-371.},
abstract = {In line with the overall trend individuals’ personal affairs, too, are composed of digital records to an increasing amount. At about the same time, the era of local storage in end user equipment is about to give way to remote computing where data resides on third party equipment (cloud computing). Once information, and even the most personal one, is no longer stored on personal equipment the relationship between individual users and their digital assets belonging to them is becoming increasingly abstract.
This contribution focuses on the implications of cloud computing for individuals’ unpublicized digital records. The question to be answered is whether - taken together - the progressing virtualization and the disruption of physical control produce a backslide for individual positions of rights. The paper introduces the legal treatment of users’ digital personal records and how a technical transformation in combination with disparate legal protection and prevailing commercial practices are bound to impact the distribution of rights and obligations.
},
note = {(2015) International Journal of Law and Information Technology 23(4): 348-371, DOI: 10.1093/ijlit/eav015, available at http://ijlit.oxfordjournals.org/content/23/4/348.abstract},
keywords = {},
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In line with the overall trend individuals’ personal affairs, too, are composed of digital records to an increasing amount. At about the same time, the era of local storage in end user equipment is about to give way to remote computing where data resides on third party equipment (cloud computing). Once information, and even the most personal one, is no longer stored on personal equipment the relationship between individual users and their digital assets belonging to them is becoming increasingly abstract.
This contribution focuses on the implications of cloud computing for individuals’ unpublicized digital records. The question to be answered is whether - taken together - the progressing virtualization and the disruption of physical control produce a backslide for individual positions of rights. The paper introduces the legal treatment of users’ digital personal records and how a technical transformation in combination with disparate legal protection and prevailing commercial practices are bound to impact the distribution of rights and obligations.
This contribution focuses on the implications of cloud computing for individuals’ unpublicized digital records. The question to be answered is whether - taken together - the progressing virtualization and the disruption of physical control produce a backslide for individual positions of rights. The paper introduces the legal treatment of users’ digital personal records and how a technical transformation in combination with disparate legal protection and prevailing commercial practices are bound to impact the distribution of rights and obligations.
F.J. Zuiderveen Borgesius
Online Price Discrimination and Data Protection Law Journal Article
In: 2015.
@article{,
title = {Online Price Discrimination and Data Protection Law},
author = {F.J. Zuiderveen Borgesius},
url = {http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2652665},
year = {2015},
date = {2015-09-01},
abstract = {
Online shops can offer each website customer a different price - a practice called first degree price discrimination, or personalised pricing. An online shop can recognise a customer, for instance through a cookie, and categorise the customer as a rich or a poor person. The shop could, for instance, charge rich people higher prices. From an economic perspective, there are good arguments in favour of price discrimination. But many regard price discrimination as unfair or manipulative. This paper examines whether European data protection law applies to personalised pricing. Data protection law applies if personal data are processed. This paper argues that personalised pricing generally entails the processing of personal data. Therefore, data protection law generally applies to personalised pricing. That conclusion has several implications. For instance, data protection law requires a company to inform people about the purpose of processing their personal data. A company must inform customers if it personalises prices.
},
note = {
Forthcoming as a conference paper for the Amsterdam Privacy Conference 23-26 October 2015.
},
keywords = {},
pubstate = {published},
tppubtype = {article}
}
Online shops can offer each website customer a different price – a practice called first degree price discrimination, or personalised pricing. An online shop can recognise a customer, for instance through a cookie, and categorise the customer as a rich or a poor person. The shop could, for instance, charge rich people higher prices. From an economic perspective, there are good arguments in favour of price discrimination. But many regard price discrimination as unfair or manipulative. This paper examines whether European data protection law applies to personalised pricing. Data protection law applies if personal data are processed. This paper argues that personalised pricing generally entails the processing of personal data. Therefore, data protection law generally applies to personalised pricing. That conclusion has several implications. For instance, data protection law requires a company to inform people about the purpose of processing their personal data. A company must inform customers if it personalises prices.
N. Helberger
Form matters: informing consumers effectively Technical Report
2013.
@techreport{,
title = {Form matters: informing consumers effectively},
author = {N. Helberger},
url = {http://www.ivir.nl/publicaties/download/Form_matters.pdf},
year = {2013},
date = {2013-11-07},
pages = {51},
abstract = {
This study examines what lessons can be learned from behavioural research for the form in which consumer information is being presented. The argument that this study makes is that the form in which information is presented and the effective communication of such information is at least as important as its content, and that this is an aspect that is still generally neglected in information and consumer law. The study is particularly interested in the potential of digital technologies in making consumer information more effective, and new approaches to form requirements in areas in which the importance of effective communication has already been acknowledged, such as in communications law. The study concludes with concrete suggestions for the future design of transparency requirements in information law and policy.
},
note = {
Study commissioned by BEUC, the European Consumer Organisation, September 2013.
},
keywords = {},
pubstate = {published},
tppubtype = {techreport}
}
This study examines what lessons can be learned from behavioural research for the form in which consumer information is being presented. The argument that this study makes is that the form in which information is presented and the effective communication of such information is at least as important as its content, and that this is an aspect that is still generally neglected in information and consumer law. The study is particularly interested in the potential of digital technologies in making consumer information more effective, and new approaches to form requirements in areas in which the importance of effective communication has already been acknowledged, such as in communications law. The study concludes with concrete suggestions for the future design of transparency requirements in information law and policy.
N. Helberger
Verkauft ist verkauft: wiederholen ist gestohlen. Reflecties op de UsedSoft-uitspraak van het Europese Hof (UsedSoft / Oracle) Miscellaneous
2013.
@misc{,
title = {Verkauft ist verkauft: wiederholen ist gestohlen. Reflecties op de UsedSoft-uitspraak van het Europese Hof (UsedSoft / Oracle)},
author = {N. Helberger},
url = {http://www.ivir.nl/publicaties/download/Annotatie_TvCH_2013_2.pdf},
year = {2013},
date = {2013-06-04},
journal = {Tijdschrift voor Consumentenrecht en handelspraktijken},
number = {2},
pages = {91-96},
note = {
Annotatie bij Hof van Justitie 3 juli 2012.
},
keywords = {},
pubstate = {published},
tppubtype = {misc}
}
Loos, M.B.M.; Mak, C.; Pessers, L.; Guibault, L.; Helberger, N.
Digital content contracts for consumers Journal Article
In: Journal of Consumer Policy, no. 1, pp. 37-57, 2012.
@article{,
title = {Digital content contracts for consumers},
author = {Loos, M.B.M. and Mak, C. and Pessers, L. and Guibault, L. and Helberger, N.},
url = {http://www.ivir.nl/publicaties/download/Journal_of_Consumer_policy_2012.pdf},
year = {2012},
date = {2012-09-13},
journal = {Journal of Consumer Policy},
number = {1},
pages = {37-57},
abstract = {
The application of consumer law to digital content contracts encounters a number of obstacles. Some of these are rather typical for digital content markets, e.g., the legal consequences of the classification of digital content as “goods” or “services” and, more importantly, the absence of general benchmarks to evaluate the conformity of digital content. Other problems, such as the limited usefulness of consumer information and the position of underage consumers, are not as such reserved to digital consumers, but they are amplified in the digital content markets. Moreover, particular attention is paid to the complex relationship between copyright law and consumer law. This paper explores the extent to which consumer (contract) law is fit to address the problems faced by digital consumers wishing to enjoy the benefits of digital content and examines whether the on-going initiatives at national and European level are likely to provide relief. Finally, recommendations for improvement are put forward in cases where the analysis shows that the problems identified are not or are insufficiently solved by these initiatives.
},
keywords = {},
pubstate = {published},
tppubtype = {article}
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The application of consumer law to digital content contracts encounters a number of obstacles. Some of these are rather typical for digital content markets, e.g., the legal consequences of the classification of digital content as “goods” or “services” and, more importantly, the absence of general benchmarks to evaluate the conformity of digital content. Other problems, such as the limited usefulness of consumer information and the position of underage consumers, are not as such reserved to digital consumers, but they are amplified in the digital content markets. Moreover, particular attention is paid to the complex relationship between copyright law and consumer law. This paper explores the extent to which consumer (contract) law is fit to address the problems faced by digital consumers wishing to enjoy the benefits of digital content and examines whether the on-going initiatives at national and European level are likely to provide relief. Finally, recommendations for improvement are put forward in cases where the analysis shows that the problems identified are not or are insufficiently solved by these initiatives.
Loos, M.B.M.; Mak, C.; Pessers, L.; Kadouch, A.; Baidoo, D.; Helberger, N.; Guibault, L.; van der Sloot, B.
2012, (
Report 1: Country reports, Centre for the Study of European Contract Law (CSECL) & Institute for Information Law (IViR), 2012.
).
@techreport{,
title = {Digital content services for consumers: Comparative analysis of the applicable legal frameworks and suggestions for the contours of a model system of consumer protection in relation to digital content},
author = {Loos, M.B.M. and Mak, C. and Pessers, L. and Kadouch, A. and Baidoo, D. and Helberger, N. and Guibault, L. and van der Sloot, B.},
url = {http://www.ivir.nl/publicaties/download/Digital_content_services_for_consumers_1.pdf},
year = {2012},
date = {2012-03-02},
pages = {432},
abstract = {
The Centre for the Study of European Contract Law (CSECL) and the Institute for Information Law (IViR) were commissioned by the European Commission to conduct a study on digital content services for consumers. This report contains the country reports of 9 Member States - Finland, France, Germany, Hungary, Italy, The Netherlands, Poland, Spain and the United Kingdom - and two legal systems from outside the EU, i.e. Norway and the United States. The country reports contain the responses of national experts to a questionnaire developed by the CSECL and the IViR.
},
note = {
Report 1: Country reports, Centre for the Study of European Contract Law (CSECL) \& Institute for Information Law (IViR), 2012.
},
keywords = {},
pubstate = {published},
tppubtype = {techreport}
}
The Centre for the Study of European Contract Law (CSECL) and the Institute for Information Law (IViR) were commissioned by the European Commission to conduct a study on digital content services for consumers. This report contains the country reports of 9 Member States - Finland, France, Germany, Hungary, Italy, The Netherlands, Poland, Spain and the United Kingdom - and two legal systems from outside the EU, i.e. Norway and the United States. The country reports contain the responses of national experts to a questionnaire developed by the CSECL and the IViR.
N. Helberger
Standardizing consumer's expectations in digital content Journal Article
In: Info, no. 13, pp. 69-79, 2012.
@article{,
title = {Standardizing consumer's expectations in digital content},
author = {N. Helberger},
url = {http://www.ivir.nl/publicaties/download/Info_2011_13.pdf},
year = {2012},
date = {2012-01-06},
journal = {Info},
number = {13},
pages = {69-79},
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pubstate = {published},
tppubtype = {article}
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N. Helberger
In: Swedish European Law Journal, no. 3, pp. 520-541, 2012.
@article{,
title = {The beginnings of audiovisual consumer law - conceptual growing pains when integrating the consumer of audiovisual services into media and consumer law},
author = {N. Helberger},
url = {http://www.ivir.nl/publicaties/download/SELJ_2011_3.pdf},
year = {2012},
date = {2012-01-06},
journal = {Swedish European Law Journal},
number = {3},
pages = {520-541},
keywords = {},
pubstate = {published},
tppubtype = {article}
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Loos, M.B.M.; Mak, C.; Pessers, L.; Cseres, K.J.; Tigner, R.; Helberger, N.; Guibault, L.; van der Sloot, B.
2011, (
Final report, comparative analysis, law & economics analysis, assessment and development of recommendations for possible future rules on digital content contracts.
Zie voor meer informatie ook de<a href="http://ec.europa.eu/justice/newsroom/consumer-marketing/events/digital_conf_en.htm"><span style="color:#b22222;"> website</span></a> van de Europese Commissie.
).
@techreport{,
title = {Analysis of the applicable legal frameworks and suggestions for the contours of a model system of consumer protection in relation to digital content contracts ( )},
author = {Loos, M.B.M. and Mak, C. and Pessers, L. and Cseres, K.J. and Tigner, R. and Helberger, N. and Guibault, L. and van der Sloot, B.},
url = {http://ec.europa.eu/justice/newsroom/consumer-marketing/events/digital_conf_en.htm},
year = {2011},
date = {2011-11-23},
note = {
Final report, comparative analysis, law \& economics analysis, assessment and development of recommendations for possible future rules on digital content contracts.
Zie voor meer informatie ook de\<a href="http://ec.europa.eu/justice/newsroom/consumer-marketing/events/digital_conf_en.htm"\>\<span style="color:#b22222;"\> website\</span\>\</a\> van de Europese Commissie.
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J.J.C. Kabel
Annotatie bij Vrz. Rb. Haarlem 25 juli 2008 (Tele2/UPC) Miscellaneous
2009.
@misc{,
title = {Annotatie bij Vrz. Rb. Haarlem 25 juli 2008 (Tele2/UPC)},
author = {J.J.C. Kabel},
url = {http://www.ivir.nl/publicaties/download/IER_2009_1.pdf},
year = {2009},
date = {2009-04-14},
journal = {IER},
number = {1},
pages = {12-18.},
keywords = {},
pubstate = {published},
tppubtype = {misc}
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J.V.J. van Hoboken; N. Helberger
Looking Ahead—Future Issues when Reflecting on the Place of the iConsumer in Consumer Law and Copyright Law, Journal Article
In: Journal of Consumer Policy, no. 31, pp. 489-496, 2009.
@article{,
title = {Looking Ahead\textemdashFuture Issues when Reflecting on the Place of the iConsumer in Consumer Law and Copyright Law,},
author = {J.V.J. van Hoboken and N. Helberger},
url = {http://www.ivir.nl/publicaties/download/Looking_Ahead-Future_Issues_When_Reflecting_on_the_Place_of_the_iConsumer_in_Consumer_Law_and_Copyright_Law.pdf},
year = {2009},
date = {2009-03-30},
journal = {Journal of Consumer Policy},
number = {31},
pages = {489-496},
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pubstate = {published},
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N. Helberger
Making place for the iConsumer in Consumer Law' Journal Article
In: Journal of Consumer Policy, no. 31, pp. 385-391, 2009.
@article{,
title = {Making place for the iConsumer in Consumer Law'},
author = {N. Helberger},
url = {http://www.ivir.nl/publicaties/download/Making_place_for_the_iConsumer.pdf},
year = {2009},
date = {2009-02-27},
journal = {Journal of Consumer Policy},
number = {31},
pages = {385-391},
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pubstate = {published},
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N. Helberger
'"Access denied": How some e-commerce businesses re-errect national borders for online consumers, and what European law has to say about this' Journal Article
In: European Journal of Consumer Law, no. 4, pp. 472-506, 2009.
@article{,
title = {'"Access denied": How some e-commerce businesses re-errect national borders for online consumers, and what European law has to say about this'},
author = {N. Helberger},
url = {http://www.ivir.nl/publicaties/download/Access_denied.pdf},
year = {2009},
date = {2009-02-27},
journal = {European Journal of Consumer Law},
number = {4},
pages = {472-506},
keywords = {},
pubstate = {published},
tppubtype = {article}
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L. Guibault
Accommodating the Needs of iConsumers: Making Sure They Get Their Money's Worth of Digital Entertainment Journal Article
In: Journal of Consumer Policy, no. 4, pp. 409, 2008.
@article{,
title = {Accommodating the Needs of iConsumers: Making Sure They Get Their Money's Worth of Digital Entertainment},
author = {L. Guibault},
url = {http://www.ivir.nl/publicaties/download/Lucie_Guibault_Accommodating_the_Needs_of_iConsumers.pdf},
year = {2008},
date = {2008-11-01},
journal = {Journal of Consumer Policy},
number = {4},
pages = {409},
keywords = {},
pubstate = {published},
tppubtype = {article}
}
N. Helberger
2007.
@misc{,
title = {Refusal to Serve Consumers because of their Nationality or Residence - Distortions in the Internal Market for E-commerce Transactions? ( European Parliament's Committee on Internal Market and Consumer Protection)},
author = {N. Helberger},
url = {http://www.ivir.nl/publicaties/download/ecommerce_en.pdf},
year = {2007},
date = {2007-03-20},
abstract = {
Technological progress and the internet bring the promise of an Internal Market for electronic services closer than ever into the reach of Europe\'s citizens. Yet, while European and national policies are committed to removing government-made obstacles to the free movement of services, some e-commerce businesses use technology to actually re-introduce territorial barriers. The goal of this briefing paper is to provide a first overview of the motives of e-commerce businesses to engage in territorial differentiation, to examine whether territorial differentiation can result in a serious distortion of the Internal Market and to make recommendations what measures should be taken to remove barriers that prevent consumers from buying goods and services on-line throughout the Internal Market.
},
note = {
Briefing Note, European Parliament\'s Committee on Internal Market and Consumer Protection, januari 2007.
},
keywords = {},
pubstate = {published},
tppubtype = {misc}
}
Technological progress and the internet bring the promise of an Internal Market for electronic services closer than ever into the reach of Europe's citizens. Yet, while European and national policies are committed to removing government-made obstacles to the free movement of services, some e-commerce businesses use technology to actually re-introduce territorial barriers. The goal of this briefing paper is to provide a first overview of the motives of e-commerce businesses to engage in territorial differentiation, to examine whether territorial differentiation can result in a serious distortion of the Internal Market and to make recommendations what measures should be taken to remove barriers that prevent consumers from buying goods and services on-line throughout the Internal Market.
N.A.N.M. van Eijk
Consumentenbescherming in de elektronische communicatiesector Journal Article
In: Mediaforum, no. 11/12, pp. 338-345, 2006.
@article{,
title = {Consumentenbescherming in de elektronische communicatiesector},
author = {N.A.N.M. van Eijk},
url = {http://www.ivir.nl/publicaties/download/Mf_2006_1112.pdf},
year = {2006},
date = {2006-12-07},
journal = {Mediaforum},
number = {11/12},
pages = {338-345},
abstract = {De positie van de consument in de elektronische communicatiesector heeft een frisse impuls gekregen met de komst van het herziene richtlijnenkader. In dit artikel wordt allereerst nagegaan hoe relevante bepalingen in nationale regelgeving zijn ge\"{i}mplementeerd. Daarbij valt op dat in Nederland evenals in een aantal onderzochte landen de regels van de richtlijnen voornamelijk \'{e}\'{e}n op \'{e}\'{e}n zijn omgezet, maar ook dat er zich op onderdelen interessante variaties voordoen. Vervolgens wordt aangegeven wat in Nederland de ontwikkelingen zijn sinds de implementatie van het richtlijnenkader. Geconcludeerd kan worden dat er meer en meer accent op consumentenbescherming is komen te liggen, waarbij het richtlijnenkader als een ondergrens is gehanteerd, maar met regelmaat verdergaande en aanvullende bescherming wordt geboden.},
keywords = {},
pubstate = {published},
tppubtype = {article}
}
De positie van de consument in de elektronische communicatiesector heeft een frisse impuls gekregen met de komst van het herziene richtlijnenkader. In dit artikel wordt allereerst nagegaan hoe relevante bepalingen in nationale regelgeving zijn geïmplementeerd. Daarbij valt op dat in Nederland evenals in een aantal onderzochte landen de regels van de richtlijnen voornamelijk één op één zijn omgezet, maar ook dat er zich op onderdelen interessante variaties voordoen. Vervolgens wordt aangegeven wat in Nederland de ontwikkelingen zijn sinds de implementatie van het richtlijnenkader. Geconcludeerd kan worden dat er meer en meer accent op consumentenbescherming is komen te liggen, waarbij het richtlijnenkader als een ondergrens is gehanteerd, maar met regelmaat verdergaande en aanvullende bescherming wordt geboden.
N. Helberger
Digital Rights Management from a Consumer's perspective Journal Article
In: IRIS Plus, no. 8, pp. 1-8, 2005.
@article{,
title = {Digital Rights Management from a Consumer's perspective},
author = {N. Helberger},
url = {http://www.ivir.nl/publicaties/download/249.pdf},
year = {2005},
date = {2005-11-23},
journal = {IRIS Plus},
number = {8},
pages = { 1-8},
abstract = {
The purpose of this article is to consider the impact of DRM on people\'s use of digital content and on its availability and accessibility for consumers. It describes the area of conflict between the economic interest of the media industry to use DRM to protect rights to and marketing of digital content, and consumers\' desire to use digital content in accordance with their own rights and legitimate interests without suffering any unfavourable consequences as they do so. The article explains why the current approach, where DRM is considered to be exclusively a copyright issue, is too narrow. It lists a series of equally important individual or informational interests which must be respected, linking DRM to the protection of consumers and access to digital content. The article makes some suggestions how this theme might be usefully dealt with in the future.
},
keywords = {},
pubstate = {published},
tppubtype = {article}
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The purpose of this article is to consider the impact of DRM on people's use of digital content and on its availability and accessibility for consumers. It describes the area of conflict between the economic interest of the media industry to use DRM to protect rights to and marketing of digital content, and consumers' desire to use digital content in accordance with their own rights and legitimate interests without suffering any unfavourable consequences as they do so. The article explains why the current approach, where DRM is considered to be exclusively a copyright issue, is too narrow. It lists a series of equally important individual or informational interests which must be respected, linking DRM to the protection of consumers and access to digital content. The article makes some suggestions how this theme might be usefully dealt with in the future.
N. Dufft; M.M. Groenenboom; K. Kerényi; C. Orwat; U. Riehm; N. Helberger
Digital Rights Management and Consumer Acceptability: A Multi-Disciplinary Discussion of Consumer Concerns and Expectations Technical Report
2005.
@techreport{,
title = {Digital Rights Management and Consumer Acceptability: A Multi-Disciplinary Discussion of Consumer Concerns and Expectations},
author = {N. Dufft and M.M. Groenenboom and K. Ker\'{e}nyi and C. Orwat and U. Riehm and N. Helberger},
url = {http://www.ivir.nl/publicaties/download/INDICARESOAReport-Update01.pdf},
year = {2005},
date = {2005-06-21},
note = {
State of the Art Report - First Supplement, mei 2005.
},
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N. Helberger
Thou shalt not mislead thy customer! The pitfalls of labelling and transparency Journal Article
In: INDICARE Monitor, vol. 1, no. 9, 2005.
@article{,
title = {Thou shalt not mislead thy customer! The pitfalls of labelling and transparency},
author = {N. Helberger},
url = {http://www.ivir.nl/publicaties/download/INDICAREMonitor230205.pdf},
year = {2005},
date = {2005-03-03},
journal = {INDICARE Monitor},
volume = {1},
number = {9},
keywords = {},
pubstate = {published},
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N. Dufft; K. Kerényi; B. Krings; R. Lambers; C. Orwat; U. Riehm; N. Helberger; S.J. van Gompel
Digital Rights Management and Consumer Acceptability: A Multi-Disciplinary Discussion of Consumer Concerns and Expectations Technical Report
2004.
@techreport{,
title = {Digital Rights Management and Consumer Acceptability: A Multi-Disciplinary Discussion of Consumer Concerns and Expectations},
author = {N. Dufft and K. Ker\'{e}nyi and B. Krings and R. Lambers and C. Orwat and U. Riehm and N. Helberger and S.J. van Gompel},
url = {http://www.ivir.nl/publicaties/download/INDICAREStateoftheArtReport.pdf},
year = {2004},
date = {2004-12-14},
note = {
State-of-the-Art Report, INDICARE, december 2004.
},
keywords = {},
pubstate = {published},
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}