Looking back to see ahead: the changing face of users in European e-commerce law

Abstract

The ubiquity of the Internet has given rise to new hybrid types of online users such as hybrid consumers and prosumers. This paper looks at some of the new legal challenges raised by the exciting opportunities for active participation and co-creation by such users in electronic commerce transactions. The method employed, in homage to Jon Bing, is to look back in time to understand how users in sales transactions have been progressively regarded--alternatively exposed to risk, alternatively protected--and how contract law has adapted to such new developments. The paper shows that, even following the emergence of the hybrid consumer and the prosumer, there are strong arguments for the consumer's continued protection, not least because of the increase in technological sophistication and complexity. The paper seeks to test somewhat the limits where consumer protection ends and where general contract law--with its attendant doctrines like caveat emptor--would apply again with respect to the aforementioned new users.