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If the consumer is insured under the group insurance contract and becomes a party to that contract, the consumer shall enjoy the protection envisaged under the Unfair Terms Directive. As a result, the consumer shall be allowed to get acquainted with the terms of the contract, otherwise the consumer is entitled to rely on protection against unfair terms even if they relate to the insurance cover (author’s summary).
The Internet of Medical Things (IoMT) devices, as well as the Internet of Things phenomenon itself, are gaining a new group of customers every day, for whom it is almost a matter of course to use a wide range of devices, such as Internet-connected complex life support equipment or “smart” watches monitoring basic life parameters. With the growing popularity of such devices, however, questions about the safety of their users begin to arise, because almost in proportion to the number of benefits associated with the use of these products, the number of risks associated with them increases – eg improper functioning of Internet-connected life support equipment, in addition to threatening the life or health of its user, may affect the physical security of the product itself, the security of both personal and technical (eg non-personal) data processed by the specific product, or finally the cyber-security of the product. While the issues related to the protection of personal data and privacy, in general, have been discussed many times by the doctrine, the issues related to the protection of users of these devices under consumer law have not been considered much.
In this context, the question arises whether the current legal regulations provide an adequate and sufficient level of protection for IoMT users. In particular, whether the average IoMT user can actually exercise their rights under the provisions of consumer law and whether the protection afforded to him – both in terms of the scope of their rights and the scope of obligations and liability of manufacturers and suppliers of these devices – is not only illusory? In order to answer the above questions, the author will evaluate the prevailing market practices – still focused around the doctrine of “caveat emptor” or “let the buyer beware” – and compare them with these regulations and juxtapose them with relevant legal regulations. However, given the lack of geographical borders in the field of cyber security and privacy, the author will not only analyse EU cyber security legislation, but also US legislation in a comparative legal analysis. The choice of jurisdictions to be compared is also related to the size and importance of both the US and the EU for the global IoMT market. It should be noted that the United States has a dominant position in the IoMT, while the European Union is estimated to have the second largest IoMT market globally. At the same time, however, there are differences in legal systems between the two economic areas. An analysis carried out in this way will make it possible not only to answer the question posed above, but also to possibly identify those areas of regulation that need to be changed or adapted to the realities of IoMT.
There are enormous differences in functionality and capability between basic and advanced weather stations. This chapter outlines typical system specifications within broad capability and budget boundaries. When used with the prioritized assessments of functionality from the previous chapter, it will provide clearer guidance regarding the main brands, products and suppliers within the automatic weather station sectors.
Although research on the consumers of farmers' markets spans four decades, no prior study has reviewed the most important characteristics of this consumer segment. Our study collects all the survey-based empirical information available in academic journals listed by WoS and Scopus. Based on the outcomes of 103 studies from 21 countries, consumers are described according to their sociographic characteristics and economic, environmental, and social parameters. Results clearly indicate a homogeneous group, with minor variation mainly due to regional specificities, and identify 27 very typical characteristics. The study identifies key implications for managers and policymakers and provides an agenda for further research.
Not since 2018 and the “New Deal for Consumers” package has the European Union (EU) seemed so close to stepping up the enforcement of consumer protection rules. The European Commission is expected to unveil a new “consumer enforcement package” by the end of the year, which should include revisions of the Regulation on Consumer Protection Cooperation, the Directive on Consumer Alternative Dispute Resolution and the Regulation on EU Online Dispute Resolution. In parallel, the Representative Actions Directive came into force recently. This paper examines these different initiatives and assesses whether these evolutions can truly be the first steps towards a brighter future for the enforcement of consumer protection rules in the EU or whether they are likely to remain a series of missed opportunities.
The environment, and assistive technologies as part of this, can play an important role in supporting the participation and wellbeing of people living with dementia. If not considered, environments can be overwhelming and disempowering. Disability approaches including environmental considerations and assistive technology were often not offered routinely with people living with dementia. Concerned by this, dementia advocates aimed to create change in this area. The Environmental Design-Special Interest Group (ED-SiG) of Dementia Alliance International was developed as an international consumer-driven community of practice bringing together people with different relevant expertise including living experience (people living with dementia, care partners), architecture and design, occupational therapy, rehabilitation and care provision. This practice opinion piece provides an overview of dementia, the need for collaborative practices within practice with people living with dementia, and the considerations of assistive technology, environmental design and the global context. The reflection provides insights into this international community of practice, with personal reflections of members with living experience of dementia, and benefits and opportunities in considering environmental design and assistive technology from the perspectives of members. This work demonstrates and advocates collaborations that centre the perspectives and expertise of people living with dementia.
We make hundreds of decisions every day, many of them extremely quickly and without much explicit deliberation. This motivates two important open questions: What is the minimum time required to make choices with above chance accuracy? What is the impact of additional decision-making time on choice accuracy? We investigated these questions in four experiments in which subjects made binary food choices using saccadic or manual responses, under either “speed” or “accuracy” instructions. Subjects were able to make above chance decisions in as little as 313 ms, and choose their preferred food item in over 70% of trials at average speeds of 404 ms. Further, slowing down their responses by either asking them explicitly to be confident about their choices, or to respond with hand movements, generated about a 10% increase in accuracy. Together, these results suggest that consumers can make accurate every-day choices, akin to those made in a grocery store, at significantly faster speeds than previously reported.
The aim of this paper is to analyse the intention to purchase animal welfare-friendly meat products and determine the factors explaining this intention. Additionally, a model of the intention to purchase animal welfare-friendly meat products has been developed based on the Theory of Planned Behaviour (TPB). This model has been specified as a two-equation multivariate ordered probit model and estimated using data from a survey conducted in Spain in 2008. Results indicate that one of the most important factors associated with the intention to purchase animal welfare-friendly meat products was consumer self-identification with ethical issues. Second, findings suggested that, as the Theory of Planned Behaviour states, other factors related to the intention to purchase these products were attitudes, subjective norms and perceived behavioural control.
The aim of this paper is to examine transparency principles under English and German Law, EU acquis and PEICL and to answer the question whether current legal regulation reflects high standards of transparency requirements and offer adequate consumer protection. The author is particularly interested in investigating are there any typical, common or shared characteristics in the regulation of transparency requirements across these jurisdictions. The focus of this paper is on consumer insurance contracts only. The main argument is that through transparency we can build consumer's trust in insurance market and offer adequate consumer protection.
After the Neolithic transition, arguably the most important economic shift was the industrial revolution. Prior to the industrial revolution, for the previous 10,000 years, the world relied (almost) exclusively on small-scale agriculture or pastoralism for economic production. The industrial revolution, starting largely with the development of the steam engine, had a profound effect on the material relationship of the individual to economic production, as individuals became part of industrial production. This change also had significant impacts on demographics: cities grew as the economics drove mass migrations away from rural areas to industrialized areas. Industrialization also had a long-lasting effect on politics, as workers organized to make improvements in working conditions and shift the power balance between labor and capital. Marxism was born of this struggle, and I explore the premises behind this philosophy, and the reasons for expansion as well as ultimate failure of this profoundly influential economic model. Here I speak to the contradictions between modern humanism and the authoritarian application of Marxism, drawing in the discussion on chaos and complexity and the difficulties with attempting central control on something as complex as a national economy.
The Florida orange juice industry has experienced great challenges—declining orange juice consumption and a domestic supply shortage that has led to increasing imports over the past decade. As growers look for a foothold, the question remains whether it is better to continue promoting orange juice (OJ) sales by focusing on the Florida “brand” or whether orange juice, in general, should be promoted using a federal marketing program. This study aims to identify the value of promoting “Florida” on OJ products to help the industry understand the potential benefits of enhancing the image of “Florida” in consumers’ perceptions of OJ.
The touchstone of any trademark lawsuit is the likelihood of consumer confusion. Courts calculate this likelihood through a series of notoriously unreliable proxies, lamenting that their effort to understand the consumer must be a “shaky kind of guess.” Through the burgeoning field of consumer neuroscience, scientists can now determine when a subject is thinking about one brand versus another. Take, for example, recent research measuring changes in brain blood flow and oxygenation while subjects viewed several well-known trademarks. According to the researchers, each trademark has a different neural signature, with different brain regions reflecting perceptions like “excitement,” “ruggedness,” or “sophistication” upon exposure to the brand stimulus. By viewing these neural signatures and nothing else, researchers could distinguish whether the subject was thinking about Apple or Microsoft, Coke or Pepsi. Studies like this hint at a near future where fMRI readings replace today’s judicial guesswork about consumer perception.
Rehabilitation therapy is a key part of the recovery pathway for people with severe acquired brain injury (ABI). The aim of this study was to explore inpatients’ and their family members’ experiences of a specialist ABI rehabilitation service.
Methods:
A cross sectional, prospective mixed method study was undertaken at a metropolitan specialist ABI rehabilitation unit in Victoria, Australia. All inpatients and their family members of the service were invited to complete a satisfaction survey. Employing purposive sampling, semi-structured interviews were conducted with inpatients and/or their family members.
Results:
In total, 111 people completed the satisfaction survey and 13 were interviewed. High levels of satisfaction with the specialist service were reported; the majority of inpatients (74%) and family members (81%) rated the overall quality of care received in the service as ‘high’ or ‘very high’. Interviews revealed four main themes: (i) satisfaction with rehabilitation services, (ii) inconsistent communication, (iii) variable nursing care, and (iv) strengths and weakness of the rehabilitation environment. Overall, important components of a positive experience were being involved in decision making and discharge planning, effective communication and information processes, and being able to form therapeutic relationships with staff. Key sources of dissatisfaction for inpatients and family members related to inconsistency in care, accessing information about treatments in a format easily understood, and communication.
Conclusion:
Specialised rehabilitation is valued by inpatients and their family members alike. The findings highlight the importance of exploring inpatient experiences to optimise service delivery in a tailored, specialised rehabilitation programme.
An emerging group of marketing experts strove to manage the apparent contradictions of interwar German capitalism with consumer markets that seemed increasingly rationalized yet at the same time highly volatile and emotional. This chapter explores the professional and intellectual debates surrounding consumer capitalism during the 1920s and early 1930s. I ask about the professional perceptions especially among market researchers as well as among product designers and graphic artists. In trade journals and professional publications of the era, we find contradictory analyses of the nature of consumer markets and divergent opinions over what type of expert was best suited to managing them – engineers, psychologists, or even artists? Whereas interwar designers frequently stressed the importance of functionality and standardization, market researchers emphasized the emotional side of modern consumption. They all shared, however, a common belief in the growing importance of consumers as actors in interwar capitalism.
That older people should be consumers and active agents has dominated policy discourse across health, social care and housing that has a core care function. This discourse has some established and long-standing critics, such as Gilleard and Higgs, and yet the central question(s) a consumerist discourse raises remains surprisingly relevant today. The purpose of this forum article is to reconsider the viability of active agency amongst older people in the context of empirical research on information-giving across health, social care and housing that has been published since the paper by Gilleard and Higgs in 1998. Information-giving is the key consumer choice mechanism, and yet research is currently located in separate literatures. Giving these separate fields some coherence engages with and provides important empirical commentary. There is little or no evidence that information alone triggers active agency for older people in regard to their health, social care or housing. However, there is consistent evidence that discussion, deliberation and dialogue – or the practices associated with Habermas’ theory of communicative action – are desirable to older people in the context of active agency. More research is needed to demonstrate efficacy beyond communicative approaches being desirable.
As we have seen so far in this book, the IoT comprises various connected devices, services, and systems. Connecting regular devices to the Internet has made it much easier for companies to protect their interests in consumer transactions. New technologies allow companies to continue to wield significant control over us and our devices beyond the point of sale, license, or lease. As Aaron Perzanowski and Jason Schultz have observed, the IoT “threatens our sense of control over the devices we purchase.”1 Of chief concern is companies’ use of technology to control our devices and actions and digitally restrain our activities in lending transactions.
The IoT raises several questions germane to traditional products liability law and the UCC’s warranty provisions. These include how best to evaluate and remedy consumer harms related to insecure devices, malfunctioning devices, and the termination of services and software integral to a device’s operations. Consider that the modern IoT vehicle with an infotainment system generates massive quantities of data about drivers, and that mobile applications can be used to impact the operations of these vehicles.
Every person on our home planet is affected by a worldwide deluge of man-made chemicals and pollutants - most of which have never been tested for safety. Our chemical emissions are six times larger than our total greenhouse gas emissions. They are in our food, our water, the air we breathe, our homes and workplaces, the things we use each day. This universal poisoning affects our minds, our bodies, our genes, our grandkids, and all life on Earth. Julian Cribb describes the full scale of the chemical catastrophe we have unleashed. He proposes a new Human Right - not to be poisoned. He maps an empowering and hopeful way forward: to rid our planet of these toxins and return Earth to the clean, healthy condition which our forebears enjoyed, and our grandchildren should too.
The consumer survey reported in this research paper aims to understand how Chinese mothers learn about and confirm the origin of powdered infant formulas (henceforward formulas), their knowledge level and preferences between formulas from different origins. With globalization, dairy companies can source ingredients for domestic production and manufacture finished products across the world. Chinese consumers are now facing a variety of formulas with different brand origin, main ingredient origin (‘nai yuan’), manufacturing origin, and country-of-purchase. Drawing on a large representative sample of Chinese mothers who have purchased formulas, we found that most of them had intensively engaged in learning about and confirming formulas' origin through different strategies. However, they may not interpret related cues correctly: a majority of Chinese mothers incorrectly considered the ‘main ingredient origin’ as the ‘manufacturing place’ and could not necessarily recognize between ‘foreign’ and ‘domestic’ brands. Among formulas from different origins, authentic foreign branded, produced and packaged formulas showed a high popularity in Tier 1 & 2 cities and among more knowledgeable consumers. In low-tier cities, these products were equally popular as domestically branded and produced formulas using imported milk powders and other ingredients. Formulas directly acquired from overseas markets through unofficial channels were least favoured by consumers. The study shows that Chinese consumers' previous one-sided endorsement towards foreign formulas appears to have weakened. Decisions made by formula companies on the origin of the main ingredient and the place of manufacture would influence product attractiveness, and the segments of Chinese consumers to target.
The illegitimacy of present accounts of privacy is revealed by the manner in which normalisation has long taken place through a series of social transitions. Other historical perspectives of societal evolution have been adopted, but the mythological analysis here is distinctive. Following Christian confessionalism and pastoralism, we see the methods of governmentalizing discipline that led to the civilising of the sovereign State through the rise of the bourgeoisie; then the liberalism and neoliberalism that ultimately promoted the dominance of the Market over the State, by which the consumer has been constructed; and now the Technological ‘algorisation’ of social and individual perspective and practice. Many of the elements that have accumulated in this long process are thereby being brought to bear in technologies of the self as self-creation. Each of these regimes was founded on the distancing and camouflage of existential reality, inducing subjection to the ideas and practices promoted within these mythological magnitudes and primarily for the benefit of their respective dominant interests.