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11 - Legal Tech and EU Consumer Law

from Part III - Legal Tech in Consumer Relations and Small Claims

Published online by Cambridge University Press:  18 November 2021

Larry A. DiMatteo
Affiliation:
University of Florida
André Janssen
Affiliation:
Radboud Universiteit Nijmegen
Pietro Ortolani
Affiliation:
Radboud Universiteit Nijmegen
Francisco de Elizalde
Affiliation:
IE University Madrid
Michel Cannarsa
Affiliation:
Catholic Lyon University
Mateja Durovic
Affiliation:
King's College London
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Summary

Legal tech (LT) products and services automate certain tasks that lawyers usually perform. The use of these tools in business-to-consumer (B2C) markets create many opportunities for consumers and the justice system in general, but also raises concerns in terms of access to justice, choice and information, quality, fairness, redress, and representation (Sections 11.1.1–11.1.4). This chapter deals with the question of whether the current legal framework in the EU (Section 11.2) is fit to meet the challenge LT poses in consumer markets, focusing especially on (national) legal services regulation (Section 11.3), EU consumer law (Section 11.4), and EU data protection law (Section 11.5). It concludes that applying the current legal norms to LT creates the risk of both under-regulation and over-regulation and discusses possible regulatory options that should be taken into account at the national and EU level to strike the right balance between innovation and protection (Section 11.6).

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Publisher: Cambridge University Press
Print publication year: 2021

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