The Principle of Transparency in Practice: How Different Groups of Stakeholders View EU Online Information Obligations

Abstract

Online information obligations have come under heavy criticism, among other things because they are felt to be too numerous, too long, and insufficiently transparent. To date, empirical research on online disclosures employed quantitative research designs that were restricted to a consumer-centric perspective in pre-contract conclusion scenarios. The aim of this article is to add to our understanding of online information disclosures in Europe by investigating them from multiple perspectives. We report on how the most relevant stakeholders inGermany, the largest consumermarket in the EUand the pioneer of the transparency principle, view disclosures online as currently defined in European law.We obtained responses on online information obligations’ goals and target groups, their shortcomings and how they could be improved, compliance and processing costs for businesses and consumers, and transparency. We conclude by advocating a paradigm shift in research on information obligations and the formulation of the EU policies that govern them. We propose the alternative view that consumers read disclosures mainly in a post-contract conclusion scenario, as this is a more realistic assumption on their actual use case. On this basis we submit various policy proposals. Transparency, online information obligations, consumer policy, empirical legal studies, qualitative research