ABSTRACT
The e-commerce landscape within the European Union (EU) has undergone significant transformation due to technological advancements and shifting consumer preferences. This Chapter examines the criteria for good evidence and data use within EU consumer law and policy, focusing on the evolving dynamics of e-commerce compliance. As digital transactions increase, ensuring consumer protection and trader compliance becomes increasingly complex. Consumer trust in e-commerce hinges on the effectiveness of legal frameworks. Over the past 30 years, EU consumer law has rapidly evolved, beginning with the Unfair Terms Directive 93/13, which addressed fairness in consumer contracts. Recent advancements, such as the Digital Content and Services Directive 2019/770 and the Sale of Goods Directive 2019/771, reflect a shift towards enhancing consumer rights in the digital age. The analysis focuses on whether the current legal framework adequately addresses e-commerce compliance nuances and how the evolution from the Unfair Terms Directive to the 2019 Directives has shaped the legal landscape. It delves into the deficiencies in understanding e-commerce compliance and how evidence and a data-driven approach can enhance the legislative quality and efficiency. The Chapter subsequently argues for an evidence-based and data-driven approach to EU consumer contract law.
Pflücke, Felix, Ensuring Compliance in the Digital Age: A Data-Driven Approach to EU Consumer Contract Law (November 11, 2025) in Veldt, Heidary and Mak (eds), Empirics and Consumer Law in Changing Markets (Edward Elgar, 2025).
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