As smart contracts increase in popularity and use, there is a greater importance for the European Union to ensure that consumers are adequately protected under their consumer protection regime. This Article evaluates the extent to which the principal European consumer protection directives can respond to the use of smart contracts. After providing background on what 'smart contracts' are and their potential benefits, this Article assesses the use of smart contracts under the Unfair Contract Terms Directive, the Consumer Rights Directive, the Unfair Commercial Practices Directive, and the directives on defective and non-conforming goods. This Article finds that while there are shortcomings in each directive, they nonetheless lay a solid foundation upon which to approach reforms and look to protecting smart contracting consumers with optimism. Lastly, this Article evaluates how reforms should be approached in an era of technological development.
Consumer Protection In the Face of Smart Contracts,
Loy. Consumer L. Rev.
Available at: https://lawecommons.luc.edu/lclr/vol34/iss1/3