CLICK TO AGREE? HOW CONSUMER LAW BATTLES HIDDEN CONTRACTS IN THE DIGITAL AGE

In this paper I have attempted to explore the rising issue of concealed digital contracts and the meaning of user approval in this age of Click to Agree. With the advent of the popularity of standard-form online contracts there is a wide use of standard-form online agreements like clickwrap and browsewrap and the study examines whether this type of contract is a matter of free informed consent or a misuse of user behavior and interface design. The proposed study is quantitative and cross-sectional survey-based and intended to ensure that the internet users of different demographics are circulated to determine the extent to which they are aware of, practice, and perceive the terms and conditions of digital environments. The results indicate that there is a vast percentage of people who accept terms online without reading them and in most cases, find some curb stones or bindings later. Rather surprisingly, even with knowledge of manipulative design patterns, users will agree to things because of habit or need. The comparative legal analysis of differences in the regulatory approaches in European Union, the United States and emerging economies is also provided in the paper. The author of the research concludes that digital contracting is based on pseudo-consent and it does not comply with the basic principles of fairness and transparency. It demands a wholesome change in the consumer protection law, a better design of user interfaces, and people education. Applying an analytical approach to legal, behavioural economics and empirical field, the research injects into the current debate around digital rights and online consent validity.