Artificial intelligence and digital technologies have reshaped private autonomy, exposing structural vulnerabilities deeply embedded in digital infrastructures. This paper argues that vulnerability—long treated as an exception in private law—should be recognised as a general principle of EU private law. It conceptualises vulnerability as a systemic condition of digital societies, one that challenges traditional foundations of autonomy, consent, and fairness. Section 2 reconceptualises vulnerability beyond static categories, while Section 3 exposes regulatory fragmentation in EU digital law. Drawing on the work of Micklitz, Helberger, and Metzger, Sections 4 and 5 argue for embedding vulnerability as a normative anchor in private law, enabling it to mediate digital asymmetries and redistribute structural power. The paper concludes that recognising vulnerability as a general principle can enhance legal coherence and fairness in the governance of digital markets, while also equipping EU private law to respond to evolving harms in the age of AI and other digital technologies.

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Towards a General Principle of Vulnerability: Is Private Law Ready for the Digital Age?

  • Begoña Gonzalez Otero

摘要

Artificial intelligence and digital technologies have reshaped private autonomy, exposing structural vulnerabilities deeply embedded in digital infrastructures. This paper argues that vulnerability—long treated as an exception in private law—should be recognised as a general principle of EU private law. It conceptualises vulnerability as a systemic condition of digital societies, one that challenges traditional foundations of autonomy, consent, and fairness. Section 2 reconceptualises vulnerability beyond static categories, while Section 3 exposes regulatory fragmentation in EU digital law. Drawing on the work of Micklitz, Helberger, and Metzger, Sections 4 and 5 argue for embedding vulnerability as a normative anchor in private law, enabling it to mediate digital asymmetries and redistribute structural power. The paper concludes that recognising vulnerability as a general principle can enhance legal coherence and fairness in the governance of digital markets, while also equipping EU private law to respond to evolving harms in the age of AI and other digital technologies.