New Technologies, Non-fungible Token (NFT) and Consumer Law

Abstract

The various social, economic and technological transformations in contemporary times have culminated in the creation (or development) of a digital society. In this context, new technologies have significantly impacted people's way of life and consumption of goods and services. In this turn, there is the emergence of a new category of goods, the so-called digital goods, which are presented as a rule as fungible, but, however, can assume the characteristic of infungibility when associated with a token, which is conventionally called as Non-fungible tokens (NFT). The research seeks to analyze the functioning of non-fungible tokens (NFT) and what are the possible legal repercussions in contemporary times. It is noteworthy that this new category of digital goods is unknown to most consumers. Therefore, given its characteristics and originality, new challenges are imposed regarding consumer protection in the digital consumption market, especially regarding the presence of informational asymmetry in the consumption relationship, limits and contours of the offer and advertising of said goods, and eventual imputation of civil liability for damages caused to the consumer. Regarding the methodology used, this is an eminently theoretical research that is limited to the critical-prospective typology, which makes use of doctrinal analysis and the pertinent legislation.