| Preface |
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ix | |
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1 | (18) |
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1 | (4) |
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1.2 Shopping agents and automated marketplaces worthy of legal examination |
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5 | (2) |
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7 | (1) |
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1.4 Explaining shopping agents and automated marketplaces |
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8 | (6) |
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1.4.1 Explaining shopping agents |
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8 | (3) |
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1.4.2 Explaining automated marketplaces |
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11 | (3) |
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1.5 Rislzs and legal issues: categorization |
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14 | (5) |
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2 Information-related risks: Bad purchase decisions and frustration of consumer expectations |
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19 | (57) |
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19 | (1) |
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2.2 Marketing representations and information on limitations and characteristics: illustrating the risks |
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19 | (12) |
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2.2.1 Marketing representations |
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19 | (1) |
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2.2.2 Information on limitations and other characteristics |
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20 | (11) |
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2.3 Marketing representations and information on limitations and characteristics: the EU legal response |
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31 | (21) |
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31 | (1) |
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2.3.2 E-Commerce Directive (ECD) |
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32 | (4) |
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2.3.3 Consumer Rights Directive (CRD) and Services Directive (SD) |
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36 | (7) |
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2.3.4 Unfair Commercial Practices Directive (UCPD) |
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43 | (8) |
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2.3.5 Legal response to the issues pertinent to marketing representations and information on limitations and odier characteristics: concluding remarks |
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51 | (1) |
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2.4 Purchase-related information provided and considered on the relevant platforms: illustrating the risks |
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52 | (3) |
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2.5 Purchase-related information provided and considered on the platforms: the legal response |
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55 | (21) |
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55 | (7) |
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2.5.2 Automated marketplaces |
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62 | (12) |
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2.5.3 Legal response pertaining to purchase-related information provided and considered on the platforms: concluding remarks |
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74 | (2) |
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3 Unreliable transactions and traditional fraud risks |
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76 | (34) |
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76 | (1) |
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3.2 Unreliable transactions and traditional fraud: illustrating the risks |
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76 | (3) |
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3.3 Unreliable transactions and traditional fraud rislis: the EU legal response |
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79 | (28) |
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3.3.1 Introductory remarks |
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79 | (1) |
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3.3.2 The E-Commcrcc Directive (ECD) |
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80 | (12) |
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3.3.3 Liability and safety-related Directives |
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92 | (2) |
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3.3.4 Unfair Commercial Practices Directive (UCPD) |
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94 | (3) |
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3.3.5 Second Payment Services Directive (PSD2) |
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97 | (10) |
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3.4 Unreliable transactions and traditional fraud: concluding remarks |
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107 | (3) |
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4 Risks relating to data protection (and privacy) on automated marketplaces |
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110 | (38) |
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4.1 General remarks (and the relationship between data protection and transactional security) |
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110 | (1) |
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4.2 Data protection (and privacy): illustrating the risks and an appropriate legal response |
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111 | (3) |
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4.3 User confidentiality (data protection risks): the EU legal response |
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114 | (32) |
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114 | (1) |
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4.3.2 Is it personal data |
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115 | (1) |
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4.3.3 Are they data controllers and/or processors? |
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116 | (10) |
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4.3.4 The data protection obligations under the EU data protection legal regime |
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126 | (9) |
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4.3.5 Overseeing providers of privacy credentials and encouragement of merchant participation in self-regulatory schemes |
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135 | (11) |
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146 | (2) |
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5 Risks to data integrity, data authentication and non-repudiation (transactional security) |
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148 | (26) |
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148 | (1) |
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5.2 Illustrating the `transactional security' risks inherent in automated marketplaces and the appropriate legal response |
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148 | (4) |
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5.3 Transactional data' security risks associated with automated marketplaces-the EU legal response |
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152 | (20) |
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152 | (1) |
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5.3.2 An early soft transactional security approach in a contractual context |
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152 | (1) |
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5.3.3 A stronger security approach |
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153 | (19) |
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172 | (2) |
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6 Automated-contract validity and contractual liability in cases of mistaken contracts |
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174 | (19) |
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174 | (1) |
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6.2 Automated-contract validity: illustrating the issue |
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174 | (2) |
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6.3 Possible legal approaches for solving the validity issue |
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176 | (7) |
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176 | (1) |
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6.3.2 The `legal fiction' and `relaxation of intention' approaches |
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176 | (3) |
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6.3.3 The `legal personality' and `agency' approaches |
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179 | (2) |
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6.3.4 The EU legal response towards the contract validity issue |
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181 | (2) |
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6.4 Liability in cases of mistaken (or unintended) contracts |
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183 | (8) |
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6.4.1 Malfunction-caused mistaken contracts: the EU legal response |
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183 | (5) |
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6.4.2 Consumer-caused mistaken contracts |
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188 | (3) |
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191 | (2) |
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7 Defective or damage-causing platform services and damage recoverability |
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193 | (19) |
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193 | (1) |
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7.2 Types and/or sources of damage and the existence of a relevant liability regime |
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194 | (15) |
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7.2.1 Privacy-related damage |
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194 | (2) |
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7.2.2 Monetaiy damage resulting from identity fraud |
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196 | (2) |
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7.2.3 The recoverability of odier types of damage |
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198 | (11) |
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209 | (3) |
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212 | (18) |
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212 | (1) |
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8.2 Risks and issues associated with shopping agents and automated marketplaces |
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212 | (4) |
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8.3 The EU legal landscape within which the legal response has been searched for |
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216 | (2) |
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8.4 The EU legal response towards the risks and issues associated with shopping agents and automated marketplaces |
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218 | (10) |
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228 | (2) |
| Bibliography |
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230 | (35) |
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230 | (3) |
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230 | (2) |
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232 | (1) |
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1.3 United States of America |
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233 | (1) |
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233 | (1) |
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233 | (1) |
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234 | (1) |
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234 | (1) |
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234 | (1) |
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234 | (1) |
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2.6 United States of America |
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234 | (1) |
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3 Governmental and other official publications |
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234 | (6) |
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4 Web pages and online business reports and releases |
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240 | (3) |
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5 Books, articles, studies, reports, academic projects and other |
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243 | (22) |
| Index |
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265 | |
Lisainfo e-raamatute kohta