En civilrättslig studie
Av Hillerström, Germaine
Digitalization has brought new opportunities and challenges at all levels in today's society. The digital environment has introduced new business models for consumers when accessing digital services. Certain digital services do not require monetary payment. Consumers pay instead by providing their personal data. When minors transition from analog to digital contracting (i.e., from being consumers in physical stores where they purchase tangible items such as candy and toys to being consumers of digital games, apps, music, and social media) by using, for example, mobile phones and tablets, it poses certain challenges for families. The thesis aims to explore the relationship between parental responsibility and children's autonomy when children enter into agreements for the provision of digital content and digital services. It also considers the legal protection provided to parents and children in such contexts. To achieve this, the study is divided into two objectives: first, it examines the legal consequences for parents and children when children enter into such agreements without explicit parental consent; and secondly, it assesses whether children are adequately protected under GDPR and Chapter 9 of the Parental Code. This includes analyzing the principle of the best interests of the child in digital contracting. The thesis includes an evaluation of decisions made by the Swedish National Board for Consumer Disputes, identifying patterns of argumentation that suggest the guardian's implicit consent to children's digital agreements. It further analyzes six case types where minors enter into agreements without explicit parental consent. A key finding underscores the importance of developing digital skills among both parents and children, not only to mitigate financial losses but also to uphold the principle of the best interests of the child in digital contracting