On 15 April 2025, ELI Fellows formally adopted its Guiding Principles and Model Rules on Digital Assistants for Consumer Contracts (ELI DACC Model Rules). These groundbreaking statement aims at establishing a clear and robust legal framework for the use of AI-driven applications, referred to as ‘digital assistants’, in consumer transactions. Developed under the leadership of Project Reporters, Prof Dr Christian Twigg-Flesner, Prof Dr Christoph Busch, Prof Dr Marie Jull Sørensen, and Prof Dr Teresa Rodríguez de las Heras Ballell, the ELI DACC Model Rules reflect extensive input from key stakeholders across the legal, academic, and technological spheres.
In the words of Prof Dr Christian Twigg-Flesner:
‘It was an honour for me to serve as person-with-the-file for this exciting project and to work with my fellow Co-Reporters on this project. Drafting model rules for an emerging topic, with quite a bit of uncertainty about the current technological capabilities, has not been an easy task. We were assisted by a great project team, and our drafts were intensively scrutinised by the Council and ELI advisory bodies. I am proud of the final output we have produced and look forward to a lively debate about our model rules. We also hope that legislators around the globe will be inspired by these ELI Model Rules in upgrading their consumer laws’.
Structured into five chapters and comprising 25 articles and commentaries, the Model Rules set out general principles and address detailed design requirements for digital assistants, the legal framework governing the supply of digital assistants, the regulation of algorithmic contracts, and the liability of suppliers to third parties. They introduce obligations for businesses, scaled to size, while supporting innovation, responsible design, and legal certainty in AI-assisted consumer markets.
More information about the project can be found here. To accompany the launch, ELI is hosting a series of webinars introducing and exploring key aspects of the ELI DACC Model Rules:
- Webinar I: General Framework and Design Requirements
- Date: 5 June 2025, from 12:30–14:00 CET
- Click here to register free of charge.
- Webinar II: Contracts for the Supply of a Digital Assistant and Algorithmic Contracts
- Date: 24 June 2025, from 12:30–14:00 CET
- Click here to register free of charge.
For press inquiries and additional information, kindly contact the ELI Secretariat (secretariat@europeanlawinstitute.eu). The project’s Co-Reporters are also available for interviews and further clarifications.
The publication of these Model Rules marks a significant milestone in adapting consumer law to the evolving realities of digital automation. Policymakers, legal professionals, and industry leaders are encouraged to engage with the Rules and consider their implications for future regulation and standard-setting.
