Vulnerabilities resulting from mechanisms of control and persuasion in e-commerce. Are digital consumers protected?

Abstract

Online consumption is an increasingly common and normalized practice in the daily lives of Spaniards, as evidenced by the more than 30 million consumers who made commercial transactions through virtual channels in 2023. In an increasingly advanced consumer and information society, digital platforms have established themselves as virtual spaces where not only goods are purchased, but also a variety of experiences and a wide range of services aimed at consumer well-being are offered. Given the importance of this recently emerged form of consumption, which has not yet reached its peak in terms of the number of users in the country, it is worth highlighting the new risks and vulnerabilities faced by digital consumers. Platforms enjoy near-total control over the network and pose new risks which, in addition to traditional ones, threaten consumer integrity and personal protection, with new techniques of persuasion and control based on increasingly refined technologies such as big data, algorithmic computing, and so-called “dark patterns.” The article emphasizes the protection of digital consumers through a sociological approach to contextualize online consumption, highlighting the new tools that encourage it and pointing out the emerging legislative mechanisms that seek to ensure the protection of digital consumers in the European Union.