The Transparent Trap: A Multidisciplinary Perspective on the Design of Transparent Online Disclosures in the EU

Abstract

This is the author accepted manuscript. The final version is available from Springer via the DOI in this record.In its drive to prevent market failures and safeguard consumers, the European legislator has embraced the information approach. In the context of online trade, this requires online traders to disclose ever-growing amounts of information to consumers regarding contract terms, the handling of their personal information, and the use of cookies on the trader’s website, to name just a few of the areas involved. However, whilst adopting substantive information obligations for traders, the European legislator still tends to disregard scholarship on effective information design. This paper recommends empirically tested, interdisciplinary criteria for the design of effective disclosures online, with a focus on their application in the EU. Without clear guidance as to how disclosures should be formulated, traders are left open to accidental or purposeful obfuscation.This research is funded by the DFG (German Research Foundation; project number: WU 824/1-1). It is part of the research project “The ABC of Online Disclosure Duties. Towards a More Uniform Assessment of the Transparency of Consumer Information in Europe” funded by the DFG and the NWO, Netherlands Organisation for Scientific Research under the Open Research Area for the Social Sciences funding program. We sincerely thank Marco Loos and Mia Junuzović, who are also participating in this project, as well as the anonymous reviewers for their valuable comments and suggestions. We also thank participants of workshops where we presented this paper for their feedback. All authors contributed equally to the paper

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