Volume 2023 : 1
Case Airhelp Ltd v. Scandinavian Airlines System (SAS) Denmark–Norway–Sweden (C-28/20): Reasserting its consumer credentials: The European Union’s Court of Justice declares trade union-led strikes to fall outside the scope of the defence of “extraordinary circumstances”
The national rules on hidden defects and European consumer law: marriage or divorce?
Consumer participation under Better Regulation Agenda: the case of Consumer Credit Directive
Is all gold that glitters? The EU Commission Proposal on empowering consumers for the green transition
Circular supply chains – where the need for coordination meets competition law?
The sword in the stone: the potential of data subject rights of the General Data Protection Regulation
A new Consumer Rights Act for Ireland – Comprehensive reform and a closer alignment with European Consumer Law principles
How to protect information about our mental states? A few remarks on processing of mental data under the GDPR
EU consumer information as a tool to regulate the treatment of farm animals: potential and limits
Environmental sustainability and consumer relations between administrative and judicial remedies
Food and nutrition education in school as a means for raising awareness among young food consumers: a brief legal overview
EU consumer law meets digital twins
Case Airhelp Ltd v. Scandinavian Airlines System (SAS) Denmark–Norway–Sweden (C-28/20): Reasserting its consumer credentials: The European Union’s Court of Justice declares trade union-led strikes to fall outside the scope of the defence of “extraordinary circumstances”
The national rules on hidden defects and European consumer law: marriage or divorce?
Consumer participation under Better Regulation Agenda: the case of Consumer Credit Directive
Is all gold that glitters? The EU Commission Proposal on empowering consumers for the green transition
Circular supply chains – where the need for coordination meets competition law?
The sword in the stone: the potential of data subject rights of the General Data Protection Regulation
A new Consumer Rights Act for Ireland – Comprehensive reform and a closer alignment with European Consumer Law principles
How to protect information about our mental states? A few remarks on processing of mental data under the GDPR
EU consumer information as a tool to regulate the treatment of farm animals: potential and limits
Environmental sustainability and consumer relations between administrative and judicial remedies
Food and nutrition education in school as a means for raising awareness among young food consumers: a brief legal overview
EU consumer law meets digital twins
Year
2023
Volume
2023
Number
1
Page
229
Language
English
Court
Reference
A-L. SIBONY en D. MOCANU, “EU consumer law meets digital twins”, REDC 2023, nr. 1, 229-257
Recapitulation
This article contributes to the unfolding scholarly and policy conversation on regulating AI-powered personalisation practices from the vantage point of consumer protection. We borrow the notion of ‘digital twins', originally a technical notion, to refer to AI-powered digital projections of real consumers created for the purposes of personalisation. We explore the mismatch between this very granular, data-rich digital representation of consumers and the very general and abstract legal representation of consumers expressed in the average and vulnerable consumer standards. We do not claim that law should necessarily track market practices it seeks to regulate or adopt representations that mirror trader's practices. Instead, we find value in exposing the clash between market-made and judge-made images of consumers and the consequences that may ensue. The existing and forthcoming EU regulatory response to personalisation is then evaluated and several perspectives for change are presented in the aim of empowering consumer protection against the pitfalls of surveillance capitalism. In this enquiry, we consider the UCPD, GDPR, DSA, DMA, the draft AI Act, and the draft Data Act.
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