Patērētāja lēmuma autonomija negodīgas komercprakses aizlieguma regulējumā digitālajā vidē: promocijas darba (tematiski vienotu zinātnisko publikāciju kopas) kopsavilkums doktora grāda iegūšanai tiesību zinātnes nozarē, apakšnozare: civiltiesības = Consumer decision-making autonomy in law prohibiting unfair commercial practices in the digital environment: Summary of the doctoral thesis (sets of thematically unified scientific publications) submitted for the degree of doctor of science (Ph.D.) in legal sciences, subfield of civil law
2024
Dāvida, Zanda
The development of digital technologies has led to the emergence of new commercial practice models based on the processing of consumer data, which significantly reduces consumer decision-making autonomy in the digital environment. Consumer decision-making autonomy is one of the most important principles of consumer rights. The law prohibiting unfair commercial practices plays an important role in the protection of this principle in the European Union and Latvia. However, the law was created under the conditions of the industrial (i.e., non-digital) market. Therefore, the peculiarities of the digital environment and the risks it creates for consumer decision-making autonomy were not considered in the process of drafting the law. There are no comprehensive or in-depth scientific studies on this issue in the legal literature either of the European Union or of Latvia. Thus, the aim of the thesis is to systematically and critically study consumer decision-making autonomy in the law prohibiting unfair commercial practices in the digital environment, identifying current problematic issues and providing proposals for their solution. To achieve this aim, consumer decision-making autonomy in the digital environment has been studied in the thesis, defining the concept of consumer decision-making autonomy and analysing the legal basis for the protection of consumer decisions. Also, the thesis reveals the role of the concepts of technological commercial practice and digital commercial practice in the understanding of the concept of consumer decision-making autonomy and identifies current models and conditions of technological commercial practice undesirable for consumer decision-making autonomy, which in turn creates a serious risk of influencing consumer decision-making autonomy in the digital environment and thus against the interests of consumers. The thesis in connection with EU law analyses the law prohibiting unfair commercial practices, evaluating whether it is appropriate for the effective protection of consumer decision-making autonomy in the digital environment. Considering the conclusion of the research, proposals are put forward to resolve the problems identified. As a result, the thesis encourages improving the law prohibiting unfair commercial practices and its understanding both in the European Union and in Latvia, for example by providing legislative proposals for the modernization of the Unfair Commercial Practices Directive and the Unfair Commercial Practices Prohibition Law. The thesis is created in the form of a thematically unified series of scientific publications and consists of thirteen scientific publications. The summary of the thesis provides a unified insight into the progress of the research, defines the common aim of the research, and summarizes the most important conclusions and proposals of the publications in 15 theses.
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