Remedies to digital vulnerability in European private law pathways towards fairness Camilla Crea, Marta Infantino, editors

Format:

Book

Contributor:

Crea, Camilla, editor.

Infantino, Marta, editor.

Language:

English

Subjects (All):

Data protection--Law and legislation.

Consumer protection--Law and legislation.

Artificial intelligence--Law and legislation.

European Union countries.

Physical Description:

1 online resource

Place of Publication:

Cham, Switzerland Springer [2025]

Summary:

"This 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"-- Springer Nature Link

Contents:

From illusion to digital fairness : structural protection in EU consumer law / Emilia Mišćenić and Monika Namysłowska

The new european withdrawal function : protecting consumers against ‘digital traps’ / Karin Sein

Defective consent and platform liability under the digital services act : appearance, information duties and consumer reviews / Antonio Legerén-Molina

Regulation of consumer safety risks from AI characters in the European Union and United States / Mindy Nunez Duffourc, Riya Goel, and Roni Kennedy

Compensation for breach of technical requirements by the provider : a contribution to the establishment of liability under article 54 DSA / Georgios M. Kalogerakis

The role of individual autonomy in the pursuit of contestability in the digital market : consent and data portability in the digital markets act / Giulio Santoni

Empowering the vulnerable in the European Union : collective redress against digital exploitation / Hüseyin Can Akso

Strength in… fragmentation? a concise systemic look at the enforcement of the EU digital acquis, with some implications for vulnerability / Silvia De Conca

Proportionality analysis in ‘digital’ cases / Siniša Rodin

Rapidly remedying exploitation of digital vulnerability : taking time seriously in digital regulation / Frank Pasquale and Zubair Jamali

Fundamental rights impact assessments under the AI act : a possible remedy to algorithmic discrimination in the private sector / Aurelia Colombi Ciacchi, Greta Berardi, Alma-Cristina Onaie, and Niels Singer

Governing AI through assessment : a critical analysis of FRIA from a technology assessment perspective / Pierluigi Masai, Lorenzo Carta, and Simone Arnaldi

Digital vulnerability in automated contracting : the problem of unexpected outcomes. contract-law remedies or liability? / Teresa Rodríguez de las Heras Ballell

Restitution as a remedy to digital vulnerability in European private law / Karmen Lutman

Remedying data vulnerability in a global world : a comparison of the European Union and Japan’s approach to compensation for data breaches / Barbara Milillo

Regulating AI through standards and the risk of preempting liability : a transatlantic comparison / Guido Smorto

Digital vulnerability and private law remedies / Attila Menyhárd

Digital vulnerability for all / Marta Infantino and Camilla Crea

Robo-advisors as product in the insurance sector : considerations regarding enforceability / Szymon Skalski and Piotr Tereszkiewicz

“Baby, you can drive my car” … and I will know everything about you! privacy and data protection policies as remedy to digital vulnerability / Alessandra Pera and Sara Rigazio

Women’s digital vulnerability in the Femtech context : building up gender-sensitive remedies on data protection / Luana Mathias Souto

Remedying vulnerability affecting patients’ consent : the case of patients undergoing cardiac electronic device implantation / Hélène Guiziou

Digital vulnerability and AI-powered legal services / Giovanni Chieco

Privacy and personal data protection in online land registers : a comparative and European perspective / Maria Kaczorowska

Algorithmic governance of territory and market dominion : the role of public oversight / Manlio Lisanti

Decentralised autonomous organisations and digital vulnerability : remedial approaches in a digital era / Pınar Çağlayan Aksoy

Remedies to digital vulnerability in European private law : concluding considerations of a conference / Reiner Schulze

Notes:

Includes bibliographical references

Online resource; title from PDF title page (Springer Nature Link, viewed July 6, 2026)

Other Format:

Print version Remedies to digital vulnerability in European private law

ISBN:

9783032197207

3032197201

OCLC:

1602075572

Access Restriction:

Some versions Open access versions available from some providers open access