When Ignorance (of Remedies) Is Not Bliss: Tailoring the Duty to Inform to the Needs of Vulnerable Persons in the Digital Market

This Chapter examines whether EU digital market legislation should impose tailored duties to inform vulnerable consumers about the remedies available to them when their rights are at risk of being infringed through the use of digital technologies, such as online platforms and Artificial Intelligence (AI). Current EU legislation acknowledges the heightened risks that new technologies pose to vulnerable groups and often requires businesses to adapt disclosures of commercially relevant information to their specific needs. However, the obligations to provide information about available remedies remain largely vulnerability-neutral. The Chapter seeks to determine if this omission may exacerbate existing inequalities and undermine vulnerable consumers’ effective access to justice. To address this issue, it first analyses how vulnerability is conceptualised in EU law and consumer protection frameworks. It then examines the role of information disclosure in mitigating market asymmetries and protecting vulnerable consumers. Next, it explores the challenges of identifying vulnerability in the digital age, where digital technologies both universalise and intensify existing vulnerabilities. Building on these observations, the Chapter assesses the shortcomings of existing remedial information regimes and argues in favour of vulnerability-sensitive disclosure obligations concerning available remedies and redress mechanisms.