Private Law Theory

ABSTRACTMindful of the power imbalances on markets, EU law makes a few assumptions as to a subject’s weaker position and its causes. Examples of these subjects are consumers and data subjects. However, power imbalances have grown significantly due to digitalization. This begs the question whether EU law adequately contributes to remedying power imbalances in a digital setting, and if it does not contribute sufficiently, what directions EU law should take to meet the challenges of the digital age. First, the article elucidates EU law’s assumptions pertaining to a subject’s weaker position and its causes. Second, these assumptions are scrutinized to investigate whether they properly capture power imbalances. Third, some assumptions might not hold anymore in the current digital reality, so gaps in EU law’s image of power imbalances are discussed. Fourth, the article suggests factors for EU law to consider to properly capture power imbalances in the digital age. Based on the aforementioned, the article proposes practical solutions to remedy digitally enhanced power imbalances.

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Michelle Liu, Digital Vulnerability: Rethinking Power Imbalances in the Digital Age, European Review of Private Law, volume 32, issue 5 (2024).