Designing information obligations in EU consumer and energy law: Behavioural research and legal design as ‘best available evidence'

Abstract

This article argues that behavioural insights and legal design insights have become of pivotal importance in the preparation of information obligations in European Union consumer law. Such insights should be considered as ‘relevant’ and ‘best available’ evidence in the sense of the Better Regulation Guidelines and Toolbox. Behavioural and legal design research provides invaluable insights into how consumers process information. Even more than the amended Enforcement and Modernisation Directive, the current revision of the Energy Efficiency Directive illustrates that the inclusion of both behavioural and legal design insights could lead to information obligations that are shorter, more accessible and thus more effective. Consumers’ decision-making can further be supported by modern technology, such as apps or price comparison tools (PCTs).