Published: 2026-06-30

Automated and Autonomous Decision-Making Processes and the Principle of Equal Treatment in Private Law

Antonina Chłopecka Profil ORCID autora Antonina Chłopecka
Zeszyty Prawnicze
Section: Artykuły
DOI https://doi.org/10.21697/zp.2026.26.2.04

Abstract

The automation of decision-making processes is exerting a growing impact on legal transactions and the provision of legal services, bringing both benefits and new challenges. On the one hand, it is streamlining decision-making; but on the other, it is eliminating the human factor, which may lead to unintended discrimination against certain groups of recipients. In the context of the growing role of algorithms, including the autonomous ones, a key question arises regarding the effectiveness of current legal mechanisms for the protection of users against what is known as algorithmic discrimination in the private sector. The aim of this article is to analyze violations of the principle of equal treatment by automated decision-making processes, identify the mechanisms leading to their occurrence, and assess the adequacy of existing legal instruments for the prevention and counteracting of the negative outcomes of such decisions.

Keywords:

self-taught algorithms, artifcial intelligence, compensation, protection of consumer rights, the principle of freedom of contract

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Citation rules

Chłopecka, A. (2026). Automated and Autonomous Decision-Making Processes and the Principle of Equal Treatment in Private Law. Zeszyty Prawnicze, 26(2), 69–94. https://doi.org/10.21697/zp.2026.26.2.04

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