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The Advocate General of the CJEU has ruled that a party who files a claim with an online services provider must be considered a consumer, even if it is a specialist in data protection and new technologies law, as well as an author of various books on this matter, a paid conference speaker and owner of several websites that publish related content and judgments.

The Advocate General found that the rights enshrined in law for consumers must be granted to those intending to file a claim against a technological operator, understanding that when the party entered into a contract with that operator (when registering as a member of the operator) it did so as a consumer. The Advocate General adds that the content that the claimant can share on websites of judgments and similar cases must be considered “marginal” and cannot be considered professional use.

This is by no means the final decision on this issue, since the opinion is not binding and the court can decide whatever it considers appropriate, taking into account the protectionist nature of consumer status and the implications that it may have on future claims, since it opens a door to a broader interpretation of “consumer” than has been used to date.

We will closely monitor progress on this issue and will report through the blog.

Authors: Blanca Puig and Jean-Yves Teindas

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blanca.puig@cuatrecasas.com

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