Online entertainment and customer protection
Pedro A. de Miguel Asensio. Catedrático de Derecho internacional privado de la Universidad Complutense de Madrid. Autor de la obra Derecho Privado de Internet
Who is a customer in online entertainment?
Mechanisms of customer protection:
- Obligation to inform / right to information.
- Right to desist.
- Protection against abusive clauses in contracting within general conditions.
- Actions on unfair competence, illicit advertising, trademarks.
- Personal data protection.
- Protection of (other) personal rights.
There is huge disparity between the US regulator framework and the EU’s. Indeed, this may be a reason why most international operators are based in the US. Establishment of standards, policies and reform of the actual legal framework might bring big changes in Europe: would a change in EU Law enable that the “next Twitter” could be born in Europe? In the US, normally businesses have less barriers but customers are much more protected, while in the EU it happens just the contrary: restrictions are put upon businesses but once they do not respect the customer, the latter has less legal coverage.