The notion of consumer in EU law: between traditional concepts and digital realities

Abstract The digital market poses significant challenges to the traditional conception of EU consumer law. This article adopts a foundational perspective, focusing on the core question underlying the consumer-law framework: who is the consumer worthy of protection? In traditional consumer transactions, the binary distinction between ‘consumer’ and ‘trader’ has generally been clear. In digital markets, however, this binary classification is increasingly blurred, as individuals may assume more active or hybrid roles. Beyond the protection of such active market participants, the article also addresses the need for an appropriate framework to protect passive individuals who do not engage in consumption in a traditional (economic) sense.