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Choice Architectures in the Digital Economy: Towards a New Understanding of Digital Vulnerability
N Helberger1, M Sax1, J Strycharz2
1Institute for Information Law, University of Amsterdam, Amsterdam, The Netherlands.
Abstract:
In the digital economy, consumer vulnerability is not simply a vantage point from which to assess some consumers' lack of ability to activate their awareness of persuasion. Instead, digital vulnerability describes a universal state of defencelessness and susceptibility to (the exploitation of) power imbalances that are the result of the increasing automation of commerce, datafied consumer-seller relations, and the very architecture of digital marketplaces. Digital vulnerability, we argue, is architectural, relational, and data-driven. Based on our concept of digital vulnerability, we demonstrate how and why using digital technology to render consumers vulnerable is the epitome of an unfair digital commercial practice.
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