Electronic enforcement in the digital era: Themis without a sword

Abstract

The COVID-19 pandemic accelerated digital transformation, prompting businesses to expedite the digitization of customer interactions. However, enforcing digital obligations faces challenges in judicial systems, with courts hesitating due to public policy concerns and issues related to unconscionability. This article explores the landscape of enforcing digital obligations, providing an explanation of the types of enforcements that can be used to this purpose. The article questions the suitability of the judicial stage and explores alternative external mechanisms like online dispute resolution (ODR) systems and specifical cases of study. Lastly, the article analyses internal solutions for enforcement that can be encompassed into contractual, social, or State-sponsored solutions and delivers a practical example of these types of systems.