How fragmentation in European law undermines consumer protection: the case of location-based services

Abstract: Better consumer protection regulation is mentioned as a priority in the EU Consumer Policy Strategy 2007-2013. Building upon this strategy, the Green Paper on the Review of the Consumer Acquis identifies fragmentation of legislation as the main problem in consumer protection rules. This fragmentation is caused, among other things, by inconsistent regulation between different directives. By analysing the data protection framework for location-based services (LBS), this article strengthens the argument that fragmentation leads to unclear and even inconsistent regulation and thereby diminishes consumer protection. Furthermore, the case of LBS demonstrates the need to extend the scope of the Review of the Consumer Acquis, in order to reach the Green Paper's overarching aim 'to achieve a real consumer internal market striking the right balance between a high level of consumer protection and the competitiveness of enterprises'.