As the California Legislature’s 2025 session draws to a close, lawmakers have advanced over a dozen AI bills to the final stages of the legislative process, setting the stage for a potential showdown with Governor Gavin Newsom (D). The AI bills, some of which have already passed both chambers, reflect
Continue Reading California Lawmakers Advance Suite of AI BillsAI Chatbots
Digital Fairness Act Series: Topic 2 – Transparency and Disclosure Obligations for AI Chatbots in Consumer Interactions
AI chatbots are transforming how businesses handle consumer inquiries and complaints, offering speed and availability that traditional channels often cannot match. However, the European Commission’s recent Digital Fairness Act Fitness Check has spotlighted a gap: EU consumers currently lack a cross-sectoral right to demand human contact when interacting with AI chatbots in business-to-consumer settings. It is still unclear whether and how the European Commission is proposing to address this. The Digital Fairness Act could do so, but the Commission’s proposal is only planned to be published in the 3rd quarter of 2026. This post highlights key consumer protection considerations for companies deploying AI chatbots in the EU market.
AI Chatbots Cannot Be the Only Contact Channel
Under EU law–particularly the Consumer Rights Directive (“CRD”) and the eCommerce Directive–consumers must have access to traditional communication channels such as the trader’s postal address, telephone number, and email address. The Court of Justice of the EU has made clear that consumers must be able to contact traders directly, quickly, and effectively (Case C-649/17). While chatbots can assist, they cannot replace mandatory human contact options.
AI Chatbots as Supplementary Communication Channels
The CRD requires traders to disclose their primary contact details before concluding a contract, but does not prohibit offering AI chatbots as additional communication tools. Where chatbots enable consumers to retain durable records of their interactions – including timestamps – traders should inform consumers about that. Durable records are defined as information stored in a medium accessible and unalterable for future reference, such as emails or downloadable files.
In any event, certain communications, such as the acknowledgment of a consumer’s right of withdrawal, must be provided in a “durable medium,” ensuring consumers have a stable and accessible record of important contractual information.
Human Oversight and the Right to Human Intervention
Continue Reading Digital Fairness Act Series: Topic 2 – Transparency and Disclosure Obligations for AI Chatbots in Consumer Interactions