The Empire Strikes Back: Digital Control of Unfair Terms of Online Services

TY - JOUR

T1 - The Empire Strikes Back

T2 - Digital Control of Unfair Terms of Online Services

AU - Micklitz, Hans-W.

AU - Pałka, Przemysław

AU - Panagis, Yannis

PY - 2017/9/1

Y1 - 2017/9/1

N2 - The authors argue that it is possible to partly automate the process of abstract control of fairness of clauses in online consumer contracts. The authors present a theoretical and empirical argument for this claim, including a brief presentation of the software they have designed. This type of automation would not replace human lawyers but would assist them and make their work more effective and efficient. Policy makers should direct their attention to the potential of using algorithmic techniques in enforcing the law regarding unfair contractual terms, and to facilitating research on and ultimately implementing such technologies.

AB - The authors argue that it is possible to partly automate the process of abstract control of fairness of clauses in online consumer contracts. The authors present a theoretical and empirical argument for this claim, including a brief presentation of the software they have designed. This type of automation would not replace human lawyers but would assist them and make their work more effective and efficient. Policy makers should direct their attention to the potential of using algorithmic techniques in enforcing the law regarding unfair contractual terms, and to facilitating research on and ultimately implementing such technologies.

U2 - 10.1007/s10603-017-9353-0

DO - 10.1007/s10603-017-9353-0

M3 - Journal article

SN - 0168-7034

VL - 40

SP - 367

EP - 388

JO - Journal of Consumer Policy

JF - Journal of Consumer Policy

IS - 3

ER -