Towards the Obsolescence of the Concept of 'Consumer' on Social Media Platforms?

This article explores whether European consumer law, based on an objective approach to the notion of consumer, has become obsolete to regulate social media platforms if all users may be vulnerable online. While the current understanding of digital vulnerability considers all consumers as potentially vulnerable online, it questions whether this approach is sufficient in light of the increasing power that social media platforms have over their users. This article critically reflects on the relevance of distinguishing between consumers and other social media users in relation to digital vulnerability, given that users who do not qualify as consumers under European law may also be exposed to harm on social media platforms. Despite the common risk faced by all users to be vulnerable on these platforms, it highlights that there are various degrees of vulnerability between categories of users. This article therefore concludes that European consumer law remains a necessary and reasonable regulatory approach to govern social media platforms by protecting the most vulnerable category of users: consumers.