Protecting vulnerable consumers in the digital single market

The article argues that in a digital environment there is a need for a paradigm shift which includes reversing the expectations placed on consumers by EU law to be the arbiter of markets, to behave as ‘average’ consumers with additional protection granted for those deemed ‘vulnerable’. this is because we ought to expect vulnerability to be the norm rather than the exception. the information paradigm prevalent in EU consumer law also needs to be altered to solve the systemic vulnerability problems rife in digital markets. It should no longer be about consumers defending themselves (using rather imperfect instruments in the process

To be or not to be an auctioneer: Some thoughts on the legal nature of online eBay auctions and the protection of consumers

This paper discusses the legal classification of online “eBay” auctions. The discussion has key implications on the scope of consumer protection law as sale by auctions are, for example, excluded from the scope of the Consumer Protection (Distance Selling) Regulations 2000. The paper uncovers that online “eBay” auctions cannot always be considered as traditional auctions and that eBay, as an intermediary, is not to be considered as an auctioneer. This creates difficulties associated with a distributive application of consumer protection laws such as the Consumer Protection (Distance Selling) Regulations 2000. Another set of difficulties is associated with a lenient legal regime applicable to the liability of eBay under the Electronic Commerce (EC Directive) Regulations 2002 . The paper concludes that there is an urgent need to clarify the legal classification of online auctions and to rethink the liability of online auction sites to better protect consumers