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9 - Adapting Consumer Law to New Technologies

from Part III - Technology’s Disruptive Effects on Law

Published online by Cambridge University Press:  30 October 2025

Roger Brownsword
Affiliation:
King's College London
Larry A. DiMatteo
Affiliation:
University of Florida
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Summary

This chapter argues that care must be taken when considering whether law reform is essential in light of new technologies and their applications. The application of each new technology raises its own issues, and not all of these will invariably require legal change – but some undoubtedly will because the issues raised are beyond the reach of existing laws. In line with this argument, a sketch is presented of a methodical approach for determining whether and how consumer protection law should be reformed in the face of technological developments. Focusing on the need to determine the precise challenges the new technology poses invites an open mind to the legal reform response, and it is important to test each option (tweaking existing rules, creating of analogous rules attuned to the digital and technological advances, or new models of regulation including solutions focused on technological applications rather than consumer rights) to find the best mix of responses, subject to the overriding requirement to ensure that consumer protection is not diluted. This approach is then tested in respect of two areas, the reform of the EU’s Product Liability regime and the arrival of digital assistants which will enable algorithmically automated contracting.

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Publisher: Cambridge University Press
Print publication year: 2025

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