Publication: Fragmenting Consumer Law Through Data Protection and Digital Market Regulations: The DMA, the DSA, the GDPR, and EU Consumer Law
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0025-02-24
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Springer Nature Link
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Abstract
The paper assesses the impact of EU digital legislation on general consumer law. To that end, it addresses the Digital Markets Act and the Digital Services Act in their interaction with the General Data Protection Regulation, as the legal instruments of economic characteristics that seem to confront consumer law more straightforwardly. The main claim that the paper makes is that they fragment consumer law by altering its bases and afecting its principal horizontal provisions, namely, the Unfair Commercial Practices Directive (UCPD, 2005) and the Unfair Contract Terms Directive (UCTD, 1993). The transformation arises from the assumption, by the digital regulations, of the competition concern for market
structure and business size while ignoring the nuances among the users of digital services. The societal aims of the EU’s digital policy are also relevant, particularly those concerning personal data. Overall, the digital laws frame a regulation of private relationships that does not pivot on consumption while afecting consumers. Consumer law could be gradually giving way to EU digital private law.
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Attribution 4.0 International
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IE Law School
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de Elizalde, F. (2025). Fragmenting Consumer Law Through Data Protection and Digital Market Regulations: The DMA, the DSA, the GDPR, and EU Consumer Law. Journal of Consumer Policy, 1-35. https://doi.org/10.1007/s10603-025-09584-3.