With new forms of private power in the Algorithmic Society – a bottom-up approach could help next to the top-down approach taken by Constitutional States. This chapter investigates to what extent principles of consumer law can serve as leverage when artificial intelligence (AI) used for mutual transactions on digital platforms leads to adverse consequences for consumers. Constitutional States are keen to advance the digital transformation. They look to find a balance between promoting innovation and freedom of contract with robust consumer protection. Following an introduction of technology notions, this Chapter explores whether the use of machine learning, AI and automated decision making (ADM) in private law transactions creates a dichotomy between digital platforms and consumer protection regulation. What is left of principles of contract law, if contracts are almost completely automated and the negotiations process leaves no room for divergence? Which legal principles could serve to provide trust to private individuals in the pre-contractual and the contractual phase of transactions on AI-driven digital platforms? The author discusses a toolkit for regulators to empower the weaker parties on algorithmic-driven digital platforms, in the contract negotiations and the governance phase. Given the extensive body of European consumer regulation, this Chapter applies EU regulation.

Consumer contracts separate the core terms of the exchange and the terms suggested by the seller, forcing sellers to be other-regarding and to avoid terms that are unfair or one-sided.

Chapter 12 examines the main tenets of the current EU action on accessibility for persons with disabilities and identify the most relevant provisions in the EU legal framework. It analyses the relevant accessibility legislation that predates the conclusion of the CRPD as well as more recent regulations and directives in the domains of the physical environment, transportation, information and communications. It also briefly discusses accessibility of cultural goods and services, including audiovisual services. Then, the chapter turns to an examination of the proposal for a European Accessibility Act, which is currently under discussion in the EU legislative institutions. Additionally, the chapter examines accessibility requirements in public procurement legislation, and succinctly addresses the role of standardisation in guaranteeing accessibility. Finally, it goes on to discuss the role of state aid law and policy in fostering accessibility and in promoting the rights of persons with disabilities.

Chapter 12 examines the main tenets of the current EU action on accessibility for persons with disabilities and identify the most relevant provisions in the EU legal framework. It analyses the relevant accessibility legislation that predates the conclusion of the CRPD as well as more recent regulations and directives in the domains of the physical environment, transportation, information and communications. It also briefly discusses accessibility of cultural goods and services, including audiovisual services. Then, the chapter turns to an examination of the proposal for a European Accessibility Act, which is currently under discussion in the EU legislative institutions. Additionally, the chapter examines accessibility requirements in public procurement legislation, and succinctly addresses the role of standardisation in guaranteeing accessibility. Finally, it goes on to discuss the role of state aid law and policy in fostering accessibility and in promoting the rights of persons with disabilities.

It provides an early overview of the cases where the use of smart contracts may prove significantly beneficial in B2C transactions. It focuses on the capacity of smart contracts to mitigate some of the well-known problems affecting B2C and B2B relationships. The adoption of regulatory sandboxes in the rail and air sectors will be described as a first testing ground to assess the potential of smart contracts.