Evaluation of the E-Consumer Protection: The EU Experience

• Sarah Alshahrani Taibah University https://orcid.org/0009-0002-1996-1234

DOI: https://doi.org/10.5281/zenodo.13765524

Keywords: Electronic commerce, Markets, Consumers, Legislation, European Union

Abstract

The use of e-commerce has significantly increased. However, the nature of practicing e-commerce differs from the nature of practicing traditional commerce. Differences such as the absence of direct interaction between seller and buyer, the absence of direct observation of the sold item by the customer, and cross-border transactions in e-commerce can result in many legal challenges. These challenges can extend to adequate consumer protection and impact consumer confidence in e-commerce. This paper critically evaluates the legal protection of e-consumers in Europe. It is argued that although the EU has successfully achieved its goal of establishing a common e-commerce market, its success in establishing an effective e-consumer protection framework and enhancing consumer confidence is still a concern.

References

Alboukrek K. (2003) ‘Adapting to a new world of E-Commerce: The need for uniform consumer protection in the international electronic marketplace’ 35(2) Geo Wash Int'l L Rev.425

Benöhr I. (20120), 'Consumer Dispute Resolution after The Lisbon Treaty: Collective Actions and Alternative Procedures' 36 Journal of Consumer Policy 87

Betancourt JC and Zlatanska E. (2013) , 'Online Dispute Resolution (ODR): What Is It, and Is It the Way Forward?' 97(3) International Journal of Arbitration, Mediation and Dispute Management 256

Calliess G. (2003) ‘Coherence and consistency in European Consumer Contract Law: a Progress Report’ 4(4) German Law Journal 333

Colin V and Del Duca L.(2010), ‘Designing a Global Consumer Online Dispute Resolution (ODR) System for Cross-Border Small Value - High Volume Claims - OAS Developments’ 42(3)Uniform Commercial Code Law Journal 221

Collins H. (2010) ‘Harmonisation by Example: European Laws Against Unfair Commercial Practices’ 73(1) The Modern Law Review 89

Commission (EC) (2010), ‘The European Consumer Centres' Network Annual Report’

Cortes P. (2010) ‘Developing Online Dispute Resolution for Consumers in the EU: A Proposal for the Regulation of Accredited Providers’ 19 (1) International Journal of Law and Information Technology 1

Cortes P. (2011) Online Dispute Resolution for Consumers in the European Union (Taylor & Francis)

Cortes P. (2013) 'A New Regulatory Framework for Extra-Judicial Consumer Redress: Where We Are and How to Move Forward' University of Leicester School of Law Research Paper No. 13-02 < http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2324945 >

Crawford V. C. (2001) ‘A Proposal to Use Alternative Dispute Resolution as a Foundation to Build an Independent Global Cyber Law Jurisdiction Using Business to Consumer Transaction as a Model’ 25 (1) Hastings International and Comparative Law Review 389

D’Zurilla W. (1997) ‘Alternative Dispute Resolution’, The Angeles Business Journal, 45(1) 352

EC Consumer Law Compendium, < http://www.eu-consumer-law.org/>

European Commission Press Release, ‘SME Retailers Take to E-commerce but It is Strictly National’ (IP/07/165 08/02/2007) available at .

European Commission Staff Working Paper, (2011) ‘Impact Assessment Accompanying the document of the Proposal for a Directive on Alternative Dispute Resolution for Consumer Disputes and the Proposal for a Regulation on Online Dispute Resolution for Consumer Disputes’ SEC 1408

European Commission, A Digital Agenda for Europe, Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 19 May 2010, COM (2010) 245, 10

Gov UK, (2013) ‘Providing better information and protection for consumers’ (13 December 2013)

Hang LQ. (2000) 'Online Dispute Resolution Systems: The Future of Cyberspace Law' 41(3) Santa Clara L Rev 837

Hodges S and Tulibacka M. (2010) The Costs and Funding of Civil Litigation (Hart Publishing)

Howells G and Schultze R. ( 2009) Modernising and Harmonising Consumer Contract Law (Sellier European Law Publisher)

Howells H and Watson J. (2012) ‘The Consumer Rights Directive – An Assessment of its Contribution to the Development of European Consumer Contract Law’ 8(2) ERCL 139

Knudsen F. (2013) 'Guidelines for the establishment of a consumer cross-border organization in the EU, Iceland and Norway' 9 (25) European Scientific Journal 132

Lehamann M. (2001) ‘Electronic Commerce and Consumer Protection in Europe' 17(1) Santa Clara Computer & High Tech LJ 101

Lehamnn M. (2000) ‘Electronic Commerce and Consumer Protection in Europe’ in Stanford-Smith Brian and Paul T. Kidd (eds) E-business: key issues, applications and technologies (IOS press)

Loos M. 'Full Harmonisation as a Regulatory Concept and Its Consequences for the National Legal Orders: The Example of the Consumer Rights Directive' (2010) Centre for the Study of European Contract Law Working Paper Series No. 2010/03 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1639436

Louis D, Colin D, and Loebl R.( 2012) ‘Facilitating Expansion of Cross-Border E-Commerce - Developing a Global Online Dispute Resolution System “Lessons Derived from Existing ODR Systems – Work of the United Nations Commission on International Trade Law”’ 1(1) JLIA 59

Mak V. (2009) ‘The Degree of Harmonisation in The Proposed Consumer Right Directive: A Review in Light of Liability for Product’ in Geraint Howells‏ and Reiner Schulze (eds) Modernising and Harmonising Consumer Contract Law (European Law Publisher)

Mak V. (2010) ‘Standards of Protection: In Search of the ‘Average Consumer’ of EU Law in the Proposal for a Consumer Rights Directive’ 18 European Review of Private Law, TISCO Working Paper Series on Banking, Finance and Services No. 04/2010 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1626115

Mak V. (2012) ‘Policy choices in European consumer law: Regulation through ‘Targeted Differentiation’ 7(2) European Review of Contract Law 257

McKee M. (1999) ‘Direct to Consumer Advertising of Prescription Drugs’ 318 British Medical Journal 1301

Mission T and Taxonom B. (2002) ‘Addressing Disputes in Electronic Commerce: Final Recommendations and Report’) 58 Bus Law 415

OECD Conference on Empowering E-consumers Strengthening Consumer Protection in the Internet Economy, Background Report DSTI/CP(2009)20/FINAL, Washington DC, available at http://www.oecd.org/ict/econsumerconference/>

OECD, ‘Empowering and Protecting Consumers in the Internet Economy’, (2013) No. 216, OECD Digital Economy Papers, OECD Publishing

Osuji O. (2011) ‘Business-to-Consumer Harassment, Unfair Commercial Practices Directive and the UK—A Distorted Picture of Uniform Harmonization?’ 34 (4) Journal of Consumer Policy 437

Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC [2013] OJ L165/1

Reidenberg J. ‘E-Commerce and Trans-Atlantic Privacy’ (2001) 38 House Law Review Hous L Rev 717

Rule C. ‘Making Peace on eBay: Resolving disputes in the world's largest marketplace, (fall 2008) available at

Santos R. (2013) 'International Private Law: An Anachronic Model to the Solution of the Conflict of Law Within Cyberspace' 1(1) World Citizen Magazine 1

Saraf B, Ashraf U. Sarah Kazi, (2013) ‘Analysing the application of Brussels I in regulating e-commerce jurisdiction in the European Union e Success, deficiencies and proposed changes’ 29(2) Computer Law & Security Review 127

Schmitz A. (2010) ‘Drive-Thru Arbitration in the Digital Age: Empowering Consumers through Binding ODR‏’ 62 (1) Baylor L Rev 178

Schultz T. ‘An Essay on the Role of Government for ODR: Theoretical Considerations about the Future of ODR’ (2003) Working Paper 8

Smith S and Martinez J, (2009) ‘An Analytical Framework for Dispute System Design’ 14(4) Harv Negot L Rev 1401

Steennot R. (2012) ‘The right of withdrawal under the Consumer Rights Directive as a tool to protect consumers concluding a distance contract’ 29(2) Computer Law & Security Review 105

Stylianou P. (2008) ‘Online Dispute Resolution: The Case For a Treaty Between The United States and The European Union in Resolving Cross-Border E-commerce Dispute’ 36(1) Syracuse Journal of International Law and Commerce 117

Twigg-Flesner C. (2010) ‘Time to Do the Job Properly -The Case for a New Approach to EU Consumer Legislation’ 33(4) J Consum Policy 355

Twigg-Flesner C. (2011) ‘Good-Bye Harmonisation by Directives, Hello Cross-Border Only Regulation?’ – A Way Forward for EU Consumer Contract Law’ 7(2) European Review of Contract Law 235

Twigg-Flesner C. (2012), A Cross-Border-Only Regulation for Consumer Transactions in the EU: A Fresh Approach to EU Consumer Law (Springer)