CEU Electronic Theses and Dissertations, 2012
| Author | Novák, Katalin |
|---|---|
| Title | Reconceptualising E-Consumer Protection: How to ensure end-user license agreements do not prejudice legitimate interests under EU law |
| Summary | This research seeks to investigate the protection offered by existing EU consumer protection law to e-consumers against end-user license agreements. It finds that despite the passage of numerous consumer protection directives, there remains a lack of regulation focused specifically on the addressing the consumer-related problems caused by restrictive end-user license agreements. This has meant that e-consumers do not have effective legal remedies against rightsholders who seek to circumscribe the rights that would normally be available to them under copyright law. As a solution to this problem, this research proposes a two-part solution. The first recommendation is the reconceptualisation of the definition of ‘consumer’ currently employed by EU law in order to better represent the dynamic relationship that many e-consumers have with digital works, as well as to take into account the complex interaction of laws that e-consumers are subject to. The second recommendation is the reconceptualisation of the existing system of digital consumer protection along the lines of a fundamental rights-based approach, which would provide e-consumers with inalienable rights that would be able to override restrictive contractual provisions. |
| Supervisor | Sganga, Caterina |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2012/novak_katalin.pdf |
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