Abstract/Summary

The article argues that in a digital environment there is a need for a paradigm shift which includes reversing the expectations placed on consumers by EU law to be the arbiter of markets, to behave as ‘average’ consumers with additional protection granted for those deemed ‘vulnerable’. This is because we ought to expect vulnerability to be the norm rather than the exception. The information paradigm prevalent in EU consumer law also needs to be altered to solve the systemic vulnerability problems rife in digital markets. It should no longer be about consumers defending themselves (using rather imperfect instruments in the process), but about businesses behaving fairly and skilled enforcers ensuring obligations are fulfilled. Fairness in digital markets should be by design and not something that is offered to consumer simply as a remedy after the damage has already occurred.