EU Consumer Law : a Few Prognoses for 2025

Common Market Law Review 2025, t. 14, s. 1-5.

Współautorstwo: Carvalho, Jorge Morais; Luzak, Joasia

2025 opens a new chapter in the trajectory of European consumer law. With a new Parliament and European Commission—and thus a fresh mandate to regulate consumer issues—the next few years may present interesting and significant challenges. Undoubtedly, issues of digital fairness will be at the forefront of the EU's consumer agenda in the near future.1 Additionally, EU consumer law has faced a number of challenges and questions that often stem from issues originating in previous years. In the first issue of the EuCML in 2025, we would like to highlight several such issues that are likely to be on the policy, academic, and judicial agendas over the coming year. This Editors’ pick is, of course, far from exhaustive, but we hope it will provide valuable guidance through more detailed (and sometimes less obvious) matters in EU consumer law.

Kontrola klauzul w umowach między przedsiębiorcami : założenia legislacyjne

Państwo i Prawo 2025, nr 5, s. 63-86.

Współautorstwo: Namysłowska, Monika; Rott-Pietrzyk, Ewa

The article addresses the need for reform in contract law concerning relationships between businesses, where structural inequalities and abuses of contractual power are increasingly common. The authors argue that the binary division between consumer and professional transactions is insufficient, as it fails to account for the vulnerabilities of smaller entities operating formally as businesses. In practice, B2B contracts are often imposed by the stronger party using standard terms, without genuine negotiation, which leads to imbalanced obligations and unequal risk distribution. The existing civil law provisions prove inadequate in countering these phenomena. The article includes a general analysis of solutions adopted in national laws and model law instruments, and proposes the introduction of a system for the control of contract terms in professional relationships into Polish law. The aim of the proposed reforms is to restore contractual balance and enhance fairness in commercial transactions.

Redakcja:

The Cambridge Handbook of Algorithmic Price Personalization and the Law

Współredaktorstwo: Esposito, Fabrizio

Cambridge ; New York : Cambridge University Press, 2025

ISBN 9781009367905; 9781009367929; 9781009367912; 9781009367899

XVI, 332 strony. Indeks.

In the current digital era, the growth of digital commerce and the data-driven economy has created new opportunities for firms to predict consumer behavior, including their willingness to pay a certain price. This practice of algorithmic pricing has become a widespread business model, raising concerns among economists and lawyers about its impact on the market and society. The Cambridge Handbook of Algorithmic Price Personalization and the Law is a comprehensive overview of the key debates surrounding algorithmic pricing, written by a multidisciplinary group of scholars with expertise in legal, economic, data science, and marketing research. The Handbook critically examines existing knowledge, identifies weaknesses, and proposes feasible alternatives for legal analysis, market regulation, and protection of vulnerable individuals. This comprehensive overview of algorithmic pricing is a one-stop reference for the political and legal community.

Introduction : Algorithmic Price Personalization : From Laesio Enormis to Laesio Algorithmica?

Współautorstwo: Esposito, Fabrizio

The Cambridge Handbook of Algorithmic Price Personalization and the Law / edited by Fabrizio Esposito (NOVA Law School, Portugal), Mateusz Grochowski (Tulane University, Louisiana). Cambridge ; New York : Cambridge University Press, 2025, s. 1-26.

Of the many concerns triggered by the rapid growth of digital commerce and the expansion of the data-based economy, price personalization occupies a prominent yet peculiar position. For many firms, the availability of big data and refined algorithmic tools has opened unprecedented avenues to learn about consumers’ financial and personal standing, market preferences, and transactional behaviour patterns. Building on these insights, firms have (at least to some degree) obtained an ability to make behavioural predictions about the future conduct of their clients, including their interest in a particular assortment of products, responsiveness to certain forms of advertising, and – not least importantly – their willingness to pay a certain price.

Price Personalization versus Contract Terms Personalization : Mapping the Complexity

Współautorstwo: Davola, Antonio ; Esposito, Fabrizio

The Cambridge Handbook of Algorithmic Price Personalization and the Law / edited by Fabrizio Esposito (NOVA Law School, Portugal), Mateusz Grochowski (Tulane University, Louisiana). Cambridge ; New York : Cambridge University Press, 2025, s. 65-87.

Algorithmic pricing did not arise in a vacuum but is part of a wider phenomenon of using personal data to profile individuals on the market and make predictions about their preferences and behaviour in future market settings. The potential for price personalization is one of the most important and salient aspects of the wider phenomenon of algorithms and big data analytics that have come to dominate consumer market. The personalization of the contract should not be regarded separately from the personalization of other elements of a market relationship, neither theoretically nor from a practical perspective.