Patērētāja lēmuma autonomijas ievērošana digitālajā vidē: pierādīšanas pienākums

In the last decade, the digitalization of the consumer market has given opportunities to performer of commercial practices to effectively influence the autonomy of the consumer’s decision. The digital economy has developed many different types of commercial practices that nudge consumers to make transactional decisions that are contrary to their interests, such as dark patterns. Currently, the most important legal instrument for the protection of consumer decision autonomy in the European Union is the regulation of the prohibition of unfair commercial practices. However, the new challenges reduce the effectiveness of regulation. The article analyses one of the current legal problems – the compliance of the burden of the proof model with the reality of the digital environment. The article argues that the model is not suitable for ensuring a high level of protection of consumer decision autonomy in the digital economy, therefore the regulation of the unfair commercial practices’ prohibition should be changed radically.