The Empire Strikes Back: Digital Control of Unfair Terms of Online Services

Hans-W. Micklitz, Przemysław Pałka, Yannis Panagis

Research output: Contribution to journalJournal articleResearchpeer-review

41 Citations (Scopus)

Abstract

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.
Original languageEnglish
JournalJournal of Consumer Policy
Volume40
Issue number3
Pages (from-to)367-388
Number of pages20
ISSN0168-7034
DOIs
Publication statusPublished - 2017

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