Work

Fragmenting Consumer Law Through Data Protection and Digital Market Regulations: The DMA, the DSA, the GDPR, and EU Consumer Law

Year: 2025

Type: article

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 affecting 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 affecting consumers. Consumer law could be gradually giving way to EU digital private law.

Source: Journal of Consumer Policy

DOI: 10.1007/s10603-025-09584-3

Author: F. de Elizalde

Institutions: IE University, Koç University

Language: English

Topic: Diverse Legal and Medical Studies

Subfield: Strategy and Management

Field: Business, Management and Accounting

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $3,390