Online Platforms: Towards an Information Tsunami with New Requirements on Moderation, Ranking, and Traceability

Abstract

Ideally, online contracts are concluded by informed consumers. For 25 years the European Union is issuing an abundance of information requirements providers of online services have to comply with. We briefly touch upon the previously existing information requirements, and findings on the intersection of behavorial studies and consumer law, but primarily focus on new information requirements against the background of an online platform offering space for businesses to provide their service to consumers. We critically discuss new information requirements from the so-called Omnibus Directive 2019/2161 primarily regarding changes in Directive 2011/83/EU on consumer rights. Also, we analyze amendments to the Directive 2000/31/EC on e-commerce as proposed late 2020 in the Digital Services Act. We focus on what information should be communicated, how this information should be communicated, and at what moment. In our analysis our doubts about the value of all this information is apparent, and we question the need for and interest of consumers for all information. In the end we suggest of what we believe should be directly communicated to the consumer, and what could be available only to those consumers, probably quite few, who are really interested. Online platforms, consumer protection, information requirements, Digital Services Act