ABC of Online Consumer Disclosure Duties: Improving Transparency and Legal Certainty in Europe

Abstract

Following a series of complimentary studies assessing the current application of the principle of transparency of consumer information in Croatia, Germany, Poland, the Netherlands, and the UK, this paper presents research findings on how to improve its effectiveness. Documented differences in national laws and practice indicate the need for a more harmonised approach on the level of the European Union. This demand also arises from the interviews the research team has conducted with various national stakeholders. Whilst the legislative transparency requirements could remain general, e.g., a duty for traders to provide consumer information in “plain and intelligible language,” traders, consumers, and enforcement authorities all require more legal certainty as to what amounts to compliance with these requirements. Based on the stakeholders’ suggestions, an interdisciplinary literature review, findings from doctrinal, comparative legal research, and a conducted quantitative study, the paper recommends empirically motivated, multimodal guidelines to implement textual, contextual, and technical measures.