ISSUES OF IMPROVING CIVIL LIABILITY FOR VIOLATION OF CONSUMER RIGHTS IN DIGITAL MARKETING

Abstract

This article provides a complex analysis of the theoretical and practical aspects of improving civil-law liability for violating consumer rights in digital marketing. The study highlights the specific features of digital marketing relations, including the impact of artificial intelligence, algorithmic decision-making systems, Big Data technologies, automated recommendation systems, personal data processing, digital platforms, marketplaces, and cross-border digital services on legal regulation. The objective of the research is to analyze the theoretical foundations of the institute of civil-law liability for consumer rights violations in digital marketing, examine current legislation and doctrinal views, and develop theoretical-practical proposals for its improvement. Utilizing comparative-legal, systemic, logical, analytical, and civilistic research methods, the study evaluates contractual and tort (delictual) forms of civil liability, along with core elements of the civil infraction corpus—unlawful act, damage, causal link, and fault—through the lens of algorithmic and platform characteristics of the digital environment. Civil-law consequences are analyzed for dark patterns (chalg‘ituvchi interfeyslar), hidden advertising, fake reviews, algorithmic manipulations, unlawful personal data usage, and other digital marketing infractions. Concluding the research, scientific conclusions and practical proposals are formulated to ensure effective consumer protection, fair competition in the digital market, and the alignment of Uzbekistan’s civil legislation with international standards and digital economy requirements.