Big Data Misuse and European Contract Law

Abstract The dynamics of contractual interactions have been evolving in recent years, as big data introduces new dimensions to previously conventional contracts. This development intensifies the information asymmetry between the dominant and vulnerable parties, posing increasing challenges for consumers and the entirety of European contract law. This paper offers three main contributions to this discourse. First, the utilization of big data introduces a novel form of information asymmetry between contracting parties, further empowering the already dominant party while exacerbating the vulnerability of the weaker party. Second, contemporary European case law and legal scholarship advocate for a harmonious approach in which European regulations and national remedies complement one another in protecting individuals. Lastly, there are already instances indicating the misuse of big data, where multiple individual claims may arise at both European and national levels.