Governance of Artificial Intelligence in the European Union - Which impact on consumers ?

Consumers are increasingly exposed to Artificial Intelligence (AI) in their daily lives, either through their own actions or through third parties who subject them to AI (e.g. via connected devices or digital applications). In this context, a major tension emerges between, on the one hand, the  technological contributions of AI that underpin consumers behaviour and, on the other hand, consumer protection, mainly due to the risks posed by AI.

Against this backdrop, this collective work explores the interplay between AI governance and consumer protection from a European Union market perspective. In that respect, an analysis of the existing and future European governance is conducted in order to assess its capacity to meet the various challenges posed by AI. In particular, the effectiveness of consumer protection and fundamental rights in the EU digital market calls for a regulatory ecosystem that fosters trust and therefore, upstream, transparency, accuracy and explainability of AI systems. The book explores normative paths – from hard law to standardisation – and other tools of monitoring and supervision – from ethics to media literacy – that could progressively lead to a fair, comprehensive and balanced governance of AI in the Union.

Overall, this holistic analysis of European consumer protection in the AI regulatory ecosystem contributes to rethink the figure of the consumer, its contours, and its place in the digital market.

ACKNOWLEDGMENTS
FOREWORD
LIST OF AUTHORS
LIST OF ABBREVIATIONS
TABLE OF CONTENTS
> CONSIDERING EUROPEAN CONSUMER PROTECTION IN THE GOVERNANCE OF ARTIFICIAL INTELLIGENCE
> INTRODUCING THE DISCUSSION : EU CONSUMER LAW & ARTIFICIAL INTELLIGENCE
PART I – REGULATION OF AI SYSTEMS BY EVOLVING EU MARKET LAW
> AI REGULATION IN B2C CONTRACTS FOR THE SUPPLY OF DIGITAL CONTENT AND SERVICES
> THE DIGITAL DOOR-TO-DOOR MAN – A PLEA FOR A BETTER PROTECTION OF CONSUMERS IN AN AI WORLD
> AI REGULATION IN THE DIGITAL SERVICES ACT AND CONSUMER PROTECTION – FROM “DSA I” TO “DSA II”
> TACKLING THE NEGATIVE ENVIRONMENTAL IMPACT OF AI SYSTEMS – A CASE FOR EU CONSUMER PROTECTION
PART II – PROTECTION OF CONSUMER BY THE FORTHCOMING EU AI ACT
> THE AI ACT RISK CLASSIFICATION OF AI SYSTEMS DOES NOT FIT FOR CONSUMER PROTECTION: A NEED TO PROTECT THE “AI SUBJECT"
> THE CONFORMITY ASSESSMENT PROCESS UNDER THE AI ACT AND CONSUMER PROTECTION
> KEY-ROLE OF STANDARDISATION IN THE FIELD OF ARTIFICIAL INTELLIGENCE: HOW WILL FUTURE STANDARDS TAKE CONSUMER PROTECTION INTO ACCOUNT?
> WHAT PLACE FOR AI ETHICS IN CONSUMER PROTECTION IN THE LIGHT OF THE AI ACT AND BEYOND?
PART III – PROTECTION OF CONSUMER BASED ON LEGAL ENFORCEMENT IN AI-RELATED DISPUTES
> PUBLIC ENFORCEMENT IN CONSUMERS AND AI-RELATED DISPUTES BASED ON COOPERATION OF PUBLIC AUTHORITIES
> PRIVATE ENFORCEMENT IN CONSUMERS AND AI-RELATED DISPUTES – THE PERSPECTIVE OF PROCEDURAL LAW
> PRIVATE ENFORCEMENT IN CONSUMERS AND AI-RELATED DISPUTES – THE PERSPECTIVE OF LIABILITY REGIMES
> INTERNATIONAL JURISDICTION OF ADMINISTRATIVE AND JUDICIAL AUTHORITIES IN CONSUMER DISPUTES INVOLVING AI SYSTEMS
> CROSS-BORDER PROBLEMS IN CONTEXT WITH AI-RELATED DISPUTES – THE LAW APPLICABLE TO NON-CONTRACTUAL OBLIGATIONS
PART IV – CROSS-CUTTING PERSPECTIVES ON EU GOVERNANCE OF AI AND CONSUMERS PROTECTION
> MEDIA AND INFORMATION LITERACY FACING AI ENTITIES
> PUBLIC SENTIMENT AS A COMPLEMENTARY INDICATOR OF CORPORATE RESPONSIBILITY
> DIGITAL MARKET SURVEILLANCE : THE ROLE OF AUTOMATION IN CONSUMER PROTECTION ENFORCEMENT
> HOW AI-AUGMENTED NUDGES MAY IMPACT EU CONSUMER IN A MORAL SITUATION?
> SOME CONCLUDING REMARKS : THE FUTURE OF CONSUMER PROTECTION WITHIN THE EU GOVERNANCE OF ARTIFICIAL INTELLIGENCE