Publicação
TERMS AND CONDITIONS OF ONLINE PLATFORMS: An Empirical Study and Legislative Reform Proposal for the DSA
| Resumo: | Unreadable terms and conditions in digital contracts compromise the principle of informed consent, as most users neither read nor understand the agreements they accept. Despite legal frameworks like the Digital Services Act (DSA) mandating transparency, article 14 lacks specific, enforceable readability standards, which allows platforms to retain overly complex and inaccessible contracts. Empirical research indicates that consumers experience consent fatigue due to the excessive volume and intricate language of these documents, resulting in a routine, uninformed acceptance of legal obligations. This thesis examines the legal, cognitive, and regulatory dimensions underlying this issue and proposes a legislative reform to Article 14 of the DSA. The proposed reform introduces a mandatory interactive quiz that requires users to correctly answer multiple choice questions on key contractual terms before their consent is deemed valid. Supported by findings from behavioral science and legal studies, this model promises to enhance consumer protection by shifting digital consent from a passive click through process to an active, verifiable engagement. Such an approach not only fosters greater transparency but also holds platforms accountable for ensuring that users genuinely understand their rights and obligations. Ultimately, this reform could serve as a cornerstone for smarter regulation in the digital economy. |
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| Autores principais: | Falcão, Maria Calama Meneses |
| Assunto: | terms and conditions online platforms consent legal reform Digital Services Act termos e condições plataformas digitais consentimento reforma legal Regulamento dos Serviços Digitais |
| Ano: | 2025 |
| País: | Portugal |
| Tipo de documento: | dissertação de mestrado |
| Tipo de acesso: | acesso aberto |
| Instituição associada: | Universidade Nova de Lisboa |
| Idioma: | inglês |
| Origem: | Repositório Institucional da UNL |
| Resumo: | Unreadable terms and conditions in digital contracts compromise the principle of informed consent, as most users neither read nor understand the agreements they accept. Despite legal frameworks like the Digital Services Act (DSA) mandating transparency, article 14 lacks specific, enforceable readability standards, which allows platforms to retain overly complex and inaccessible contracts. Empirical research indicates that consumers experience consent fatigue due to the excessive volume and intricate language of these documents, resulting in a routine, uninformed acceptance of legal obligations. This thesis examines the legal, cognitive, and regulatory dimensions underlying this issue and proposes a legislative reform to Article 14 of the DSA. The proposed reform introduces a mandatory interactive quiz that requires users to correctly answer multiple choice questions on key contractual terms before their consent is deemed valid. Supported by findings from behavioral science and legal studies, this model promises to enhance consumer protection by shifting digital consent from a passive click through process to an active, verifiable engagement. Such an approach not only fosters greater transparency but also holds platforms accountable for ensuring that users genuinely understand their rights and obligations. Ultimately, this reform could serve as a cornerstone for smarter regulation in the digital economy. |
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