نوع مقاله : مقاله تخصصی
عنوان مقاله English
نویسندگان English
. This study, adopting an analytical-comparative approach, examines the legal frameworks governing the regulation of algorithmic contracts in the European Union and evaluates the possibility of adapting these frameworks to the Iranian legal system. The main issue addressed in this research concerns the impact of algorithms on the consent and agreement of contracting parties, as well as the examination of information asymmetry and the limitations of existing contractual regulations in digital environments.The research methodology is based on a comparative analysis of legal texts, directives, and regulations of the European Union, alongside Persian and English scholarly sources concerning unfair terms and transparency requirements for digital platforms. The objective of the study is to identify the strengths and weaknesses of European regulatory mechanisms and to propose a practical framework compatible with Iran’s legal conditions. The findings indicate that algorithms play a significant role in determining contractual terms and influencing the parties’ intentions. However, the lack of transparency, insufficient disclosure mechanisms, and inadequate supervision increase the risks of abuse and exacerbate information asymmetry. In the European Union, obligations concerning the disclosure of algorithmic rules and the establishment of independent supervisory mechanisms have contributed to limiting the harmful effects of algorithms and strengthening contractual fairness. In contrast, Iranian law, through the adoption of transparency requirements, enhancement of users’ digital literacy, and creation of supervisory institutions, could facilitate the effective implementation of such regulatory models. The study concludes that combining algorithmic regulatory frameworks with institutional oversight and user education can both ensure the legitimacy and fairness of data-driven contracts and enhance the capacity for innovation and development within Iran’s digital contractual system
کلیدواژهها English