Digital vulnerability requires new policies and revised legal frameworks that go beyond consumer law to protect people, social organisations, and companies. The goal of these rules should be to protect and enforce fundamental rights, including in the context of private law. To this end, private law remedies should focus particularly on holding online service providers and platforms accountable, including through the disgorgement of profits and claims for unjust enrichment, and should guarantee the freedom to choose and the autonomy of those involved.

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Digital Vulnerability and Private Law Remedies

  • Attila Menyhárd

摘要

Digital vulnerability requires new policies and revised legal frameworks that go beyond consumer law to protect people, social organisations, and companies. The goal of these rules should be to protect and enforce fundamental rights, including in the context of private law. To this end, private law remedies should focus particularly on holding online service providers and platforms accountable, including through the disgorgement of profits and claims for unjust enrichment, and should guarantee the freedom to choose and the autonomy of those involved.