Title
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Information obligations and disinformation of consumers
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Author
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Abstract
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To combat market inefficiencies resulting from the information asymmetry that exists between businesses and consumers, an increasing number of mandated information disclosures are imposed on businesses to give consumers the means to protect their own interests by making autonomous, informed choices. Prohibiting misleading information and informing consumers with correct information lies at the core of the so-called information paradigm which resulted in consumer information models across the world. Pre-contractual information duties and labelling requirements for foodstuffs range among the earliest information obligations that have been adopted in view of protecting consumers. Together with the prohibition of misleading commercial practices and transparency requirements for contract terms these measures seek to respectively prevent and to combat the deception of consumers. The different forms such measures may take are the subject of an in-depth comparative analysis in this general report. The last decade models based on mandatory disclosures increasingly became the subject of criticism not in the least by behavioural economists. More particularly the continuous accumulation of information requirements begs the question whether the ‘inundation’ of information does not risk to dis-inform the consumer rather than inform. Furthermore the benchmark of the rational consumer which serves as the basis for the design of protective measures is increasingly criticised. In this general report the impact, if any, of those criticisms on the national consumer information policies in the reporting countries is examined. Finally new communication technologies pose new threats to consumers. The general report examines whether those developments cause new forms of information asymmetries. |
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Language
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English
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Source (book)
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Information obligations and disinformation of consumers / Straetmans, G. [edit.]
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Source (series)
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Ius Comparatum - Global Studies in Comparative Law ; 33
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Publication
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Switzerland
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Springer
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2019
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ISSN
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2214-6881
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ISBN
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978-3-030-18053-9
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DOI
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10.1007/978-3-030-18054-6_1
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Volume/pages
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p. 3-96
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Full text (Publisher's DOI)
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