Introduction to Unfair Contract Terms in the Digital Age
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The introduction discusses the transformation in the landscape of consumer contracts caused by digitalisation and globalisation and the associated problems for consumers entering online standard form contracts. These problems include specific procedural burdens associated with online contract formation; and a significant level of non-compliance among traders that relates to both lack of transparency and the presence of unfair terms in mass market online contracts. The problems are compounded by the scale and reach of mass market operators who can attract large numbers of users across the European Union and exert significant control over markets and consumers. The objective of the book is to question whether the UCTD can effectively meet the challenges posed by the changed consumer contracting environment and to assess ways to ensure optimum protection of the collective interests of EU consumers from the risks posed by the presence of unfair terms in mass market online contracts.