Online Platforms and the Digital Turn in EU Contract Law: Unfair Practices, Transparency and the (pierced) Veil of Digital Immunity

Abstract

Abstract The digital revolution has pervaded entire sectors of economy and society, creating new markets and new market intermediaries, able to aggregate massive demand and offer beyond any conceivable thresholds in the offline setting. The article moves from the recent adoption of the EU/2019/1150 Regulation on fairness and transparency for business users of online intermediation services and the pending reform of several consumer directives under the auspices of the Digital Agenda and the New Deal for Consumers. It focuses on the role of online platforms and addresses two main policy issues: (i) whether EU legislation should go beyond the adaptation of existing rules opting for a sharper turn towards dedicated regulatory tools in the field of digital law, and (ii) whether the digital dimension of trade should lead to revise the current focus on consumer protection and, more broadly, the current divide between BtoC and BtoB law. Digital private law is taking the first steps into the internal market. Whereas national private law will continue to provide the general framework for private law matters arising in the internet and may certainly contribute to define model rules for ad hoc legislation on digital trade, the EU legislation is due to play a major role and to find new balances between the fundamental freedoms and the protection of digital users. The digital challenge will enable EU institutions to take part in a global venture well beyond the boundaries of the internal market.