EnfTech Generational Framework 

In the EnfTech project, we wanted to make sense of the fast-developing landscape of technologies and tools that consumer protection agencies could make use of.  We looked for ways to understand the technological maturity of EnfTech tools, to help agencies understand what data and technological infrastructure they might require and to identify other institutions working at similar or higher levels of technological capacity so they could share best practice and learning.

The EnfTech generational framework is based on work by Di Castri in 2019 in relation to financial supervisory technology. Di Castri described four generations of data analytic and technical capability: descriptive, diagnostic, predictive and prescriptive.

We have added a fifth ‘Proactive’ generation to demonstrate what a more transformative use of technology in digital consumer markets could look like - one that better suits the pace and scale of harm in digital consumer markets.

A proactive, fifth generation would see technology performing a full range of tasks: understanding what is happening, why it is happening, what is likely to happen next, and identifying and executing an enforcement action automatically.

For the future of enforcement in consumer protection, the move from the fourth generation to a fifth ‘proactive’ generation could be a game changer.

Generation 1  Descriptive

Basic analysis of what patterns and problems occur

Mostly manual or basic computing

Complaints or results of sweeps compiled on databases, structuring databases to flag infringements, static reports

Generation 2 Diagnostic

Richer analysis of what patterns and problems occur in more detail, and why

Some automation of analysis and statistical methods in use

Analysis of complaints to understand timing, business/ product type, sector, factors causing problems, dynamic reports and visualisation of data

Generation 3 Predictive

What and why problems occur in more detail, and what could happen next

Predictive analytics through algorithmic analysis and some AI / Machine learning

Automated scrapes of consumer websites AI-enabled or automated detection of unfair contract terms Predicting where bad practice is likely to occur

Generation 4 Prescriptive

What, why, what next in more detail plus proposing anticipatory action

Prescriptive analytics through advanced AI / Machine learning

Warning of impending infringement Proposal for an appropriate and effective level of sanction

Generation 5 Proactive

What, why, what next in more detail, identifying and executing an action

Prescriptive analytics through advanced AI /Machine learning plus execution

Executing action, eg remedy, sanctions, correction, preventative measure Algorithmic enforcement - as seen in IP protection