chapter  3
6 Pages

Beyond defaults, opt-out or opt-in systems

The recourse to the visible hand of the mandated-choice model
ByAntonios Karampatzos

The question I now ponder on is whether there might be other regulatory tools available, which go beyond defaults, opt-out or opt-in systems. In what follows, I support a third path that lies between the opt-out (default option) and opt-in models: namely, the mandated-choice model, according to which the individual is, in some contexts, required to make a choice between two options. For example, with regard to organ donation, before submitting a tax declaration online, a citizen must first read about the social benefits of organ donation via hyperlink and then check a box indicating whether they want to be an organ donor; unless the box is checked, the submission of the tax declaration cannot be concluded. Apart from that, the mandated-choice model may have a broader scope of application in the area of private law, especially in the field of consumer protection-this possibility, though, is going to be scrutinized in the following chapters.