The state-of-the-art of consumer protection in electronic communications

Angelo CASTALDO, Elisabetta CONTE

The issue of consumer protection in electronic communications appears to be strongly linked to the balancing of the underlying interests to the strengthening of the protection tools and the reduction of uncertainty deriving from the complexity of the current regulatory framework. While prima facie a more meaningful consumer protection may appear to be the ultimate goal to which the legal system must aim to rebalance the positional and information asymmetry of consumers with respect to businesses, however, the associated risk of overcompliance on the part of companies that could result in a reduction and homogenization of the range of services should not be underestimated, and therefore in a translation of the burden and risk associated with the regulatory constraint. In order to reduce uncertainty on the final payoff of the protection, greater clarity on the role of the various legally competent Regulators and a better rationalization of the rules on the subject seems necessary.