Consumer vulnerability in online transactions has been a prominent issue since the beginning of e-commerce and online service provider contracts, and indeed has continued to present significant concerns where consumers engage with any business model relying on digital platforms. With the majority decision in Douez v. Facebook, the Supreme Court of Canada has expanded consumer protection in the context of online contracts, with regard to any statutory privacy rights available to consumers in Canada. The decision takes an important further step towards constitutionalizing privacy, and securing means to redress power imbalances online.
"There Is a There There: Forum Selection Clauses, Consumer Protection and the Quasi-Constitutional Right to Privacy in Douez v. Facebook."
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
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