Wanted: A Bigger Stick. On Unfair Terms in Consumer Contracts with Online Service Providers
Journal of Consumer Policy 2016/1, p. 63-90
28 Pages Posted: 10 Jan 2015 Last revised: 2 Mar 2016
Date Written: January 8, 2015
The Unfair Contract Terms Directive offers consumers protection from pre-arranged imbalanced contract terms. While the standard terms and conditions and privacy policies used by online service providers have previously been accused of harming clients of such online services, a comprehensive analysis of the potential unfair character of such terms and conditions has not yet been proposed. This paper aims to fill in this gap in the academic literature. It identifies several types of contractual terms that international online service providers provide to consumers, which are unlikely to pass the Directive's unfairness test.
Keywords: Consumer contracts; unfair contract terms; online service providers; compliance; private international law
JEL Classification: K12
Suggested Citation: Suggested Citation