Some considerations about digital platforms and consumer protection

Abstract

The intent of this paper is to provide some first considerations about the application of unfair commercial practices law to digital platforms. This discipline proves particularly suitable to safeguard the consumer’s freedom of choice, by prohibiting any conduct by the professional that may alter the formation of contractual intent. Two issues are considered in particular. The first concerns the case in which unfairness is put in place by platform’s users, instead of the platform itself. The second concerns the interplay between unfair commercial practices law and data protection, which has been recently highlighted by both Courts and scholars.