TY - JOUR
T1 - The Empire Strikes Back
T2 - Digital Control of Unfair Terms of Online Services
AU - Micklitz, Hans-W.
AU - Pałka, Przemysław
AU - Panagis, Yannis
PY - 2017
Y1 - 2017
N2 - The authors argue that it is possible to partly automate the process of abstract control of fairness of clauses in online consumer contracts. The authors present a theoretical and empirical argument for this claim, including a brief presentation of the software they have designed. This type of automation would not replace human lawyers but would assist them and make their work more effective and efficient. Policy makers should direct their attention to the potential of using algorithmic techniques in enforcing the law regarding unfair contractual terms, and to facilitating research on and ultimately implementing such technologies.
AB - The authors argue that it is possible to partly automate the process of abstract control of fairness of clauses in online consumer contracts. The authors present a theoretical and empirical argument for this claim, including a brief presentation of the software they have designed. This type of automation would not replace human lawyers but would assist them and make their work more effective and efficient. Policy makers should direct their attention to the potential of using algorithmic techniques in enforcing the law regarding unfair contractual terms, and to facilitating research on and ultimately implementing such technologies.
U2 - 10.1007/s10603-017-9353-0
DO - 10.1007/s10603-017-9353-0
M3 - Journal article
VL - 40
SP - 367
EP - 388
JO - Journal of Consumer Policy
JF - Journal of Consumer Policy
SN - 0168-7034
IS - 3
ER -