The aim of this article is to reflect upon the future of pre-contractual information duties as a regulatory tool in EU consumer law. Until now information duties or mandated disclosures are among the most popular regulatory instruments in EU consumer legislation. However, a growing body of...

The rise of digital platforms such as Uber and Airbnb has sparked a controversy about how to fit the new business models into existing legal categories and whether there is a need to adapt the regulatory framework to the new platform economy. In December 2017, in a much publicised judgment, the...

Technological advances in data collection and information processing makes it possible to tailor legal norms to specific individuals and achieve an unprecedented degree of regulatory precision. However, the benefits of such a “personalized law” must not be confounded with the false promise...

This paper analyses the regulatory environment for open wireless networks in Germany. Starting from the general liability principles for online intermediaries, in particular the concept of "Störerhaftung", recent case law regarding the liability of network operators for unlawful acts by network...

The key argument of this contribution is that there is a case for harmonisation of the rules for online rating and review systems at the European level in order to create a level playing field for the collaborative economy. Following the model of the ‘new approach’ which has been efficient...

Against the background of the emerging debate about personalized law, this book chapter explores how Big Data and algorithm-based regulation could fundamentally change the design and structure of legal norms: impersonal law based on typifications could be replaced by a more personalized law,...

This Article explores how the rise of Big Data and algorithm-based regulation could fundamentally change the design and structure of disclosure mandates in consumer law and privacy law. Impersonal information duties and standardized notices could be replaced by granular legal norms which provide...

This is a brief case note on the Munich County Court's Judgment of 1 March 2018 (Case 12 O 730) which held that the Amazon Dash Button device violates EU consumer law on several counts. The case note analyzes the Court's line of argument and argues that EU consumer law in its existing form is...

The numerus clausus principle, which limits both the number and content of property rights, has been explained by law and economics scholars as a device for reducing information costs. From this perspective, a more complex system of property rights can only be achieved at the price of less legal...

Digitale Märkte weisen starke Konzentrationstendenzen und eine Entwicklung zu immer stärker verzahnten, sich verschließenden Ökosystemen auf. In dieser Studie wird (ein Mangel an) Interoperabilität (IOP) als mögliche Ursache oder Treiber solcher Konzentrationstendenzen beleuchtet und der...