Private Law Theory

ABSTRACT
The increasing area of addictive design of digital services, often related to the ‘gamification’, or ‘gamblification’, of services has given law scholars cause for reflection. How could private law and consumer protection tame addictions that are linked to contractual agreements? The essay aims to introduce this issue in order to start a debate on the role of Private Law and Consumer Law remedies against addictive services. Thus, the author evaluates this heterogeneous phenomenon under the Digital Services Acts (DSA) and the Unfair Commercial Practices Directive (UCPD) perspective, highlighting possible relevant features from an ex ante perspective; then, some private law remedies are considered for a more systematic consumer protection.

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Michele Ciancimino, Private Law and Consumer Protection Paradigms facing (Digital) ‘Addictions’: A Starting Point for Reflection , European Review of Private Law, volume 32, issue 5 (2024).