Remedies to Digital Vulnerability in European Private Law
Pathways towards Fairness
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Beschreibung
This open access book investigates from a comparative perspective how people who are or are made vulnerable in their interactions with digital technologies can prevent or redress harm. As such, the volume contributes to advancing the debate about the theoretical scope and the practical legal effects of the notion of ‘digital vulnerability’ from the fairness perspective. The main geographical focus of our study lies in Europe, covering developments at both the national and the supranational level (i.e., before the European Union and the Council of Europe), but some chapters also provide insights into a few extra-European jurisdictions. As to the substance, the volume centers on the remedies that can be used, or that should be available, for countering the state of asymmetry and powerlessness that people may experience in online encounters. These remedies stem from a variety of legal fields and take different forms – from pre-contractual liability to the control of unfair terms, from checks on misleading advertising to data protection mechanisms, from tort actions to injunctions and restitution orders. In this regard, the book does not only offer a description of the remedies that are currently available to digitally vulnerable people, but also takes a prescriptive stance on how European laws can best address the challenges posed by digital vulnerability.
This open access book investigates from a comparative perspective how people who are or are made vulnerable in their interactions with digital technologies can prevent or redress harm. As such, the volume contributes to advancing the debate about the theoretical scope and the practical legal effects of the notion of ‘digital vulnerability’ from the fairness perspective. The main geographical focus of our study lies in Europe, covering developments at both the national and the supranational level (i.e., before the European Union and the Council of Europe), but some chapters also provide insights into a few extra-European jurisdictions. As to the substance, the volume centers on the remedies that can be used, or that should be available, for countering the state of asymmetry and powerlessness that people may experience in online encounters. These remedies stem from a variety of legal fields and take different forms – from pre-contractual liability to the control of unfair terms, from checks on misleading advertising to data protection mechanisms, from tort actions to injunctions and restitution orders. In this regard, the book does not only offer a description of the remedies that are currently available to digitally vulnerable people, but also takes a prescriptive stance on how European laws can best address the challenges posed by digital vulnerability.
This book is open access, which means that you have free and unlimited access Fills a gap in current studies of the rapidly evolving notion of digital vulnerability Provides empirical and comparative case studies about remedies against digital vulnerability Combines theoretical depth with practical experience
Autor*in
Camilla Crea
Themen in »Remedies to Digital Vulnerability in European Private Law«
Vulnerability Digital Vulnerability Comparative Law Computer Science Informatics Conference Proceedings European Private Law Remedies Research Applications Comparative Contract Law Comparative Tort Law Open Access