Mercato digitale e nuovi paradigmi della tutela del consumatore in Brasile e Germania

The paper analyses the growth of the digital market and focuses on two topics: consumer protection in the digital market and liability of the internet service provider. These two topics are considered in the light of the Brazilian and the German experience; the combined analysis between these two legal sys- tems demonstrates the existence of common principles and striking similarities. The paper shows that both legal systems seem to extend consumer protection to the weaker party who is acting in the digital market and not only to the natural person who is acting outside the scope of an economic activity. The paper further argues that consumer protection in the digital market can be eas- ier to understand if we take into account hybrid economic operators like the prosumer, which are discussed in detail. Finally, the paper examines the simi- larities between Brazil and Germany regarding how jurisprudence as well as statutory law seek to protect digital rights. In both countries courts started to protect digital rights of their citizens by considering them to be fundamental rights. Only in Brazil, however, has the legislature taken the extra step of en- shrining and specifically defining these rights by statute.