Online Consumer Protection from the Perspective of Jordanian Law

With the common use of electronic communication tools, electronic commerce became the phenomena of this era. Consumers are able finalize their transactions online, saving both time and effort. Creating electronic contracts require mutual assent between both parties to reach agreement. With the different types of electronic contracts, one might ask how much protection is needed to consumers who are being part of this contract. This paper will highlight the issue of consumer protection in Jordan. With the fact of high number of online users who might indeed get engaged in electronic contacts, how much protection does the current laws in Jordan offer their consumers? In order to answer this question this paper will define electronic contracts and consumers from the Jordanian perspective and then move on to highlight the common laws and regulations in the UK that protect consumers before answering the main question of this paper. With the high number of consumers conducting contracts electronically in Jordan, most of them are unaware of the legal consequences of their transactions. Having said that, the author believes that boosting confidence in electronic commerce in Jordan requires providing protection for consumers from unfair practices that could be carried online. Keywords: consumer protection, fairness, e-contracts, e-commerce, contractual term

Consumer Protection in Ecommerce: A case Study of Egypt

This paper examines electronic contract regulation in the context of business-to-consumer transactions. The technological advancement and cross-border nature of e-commerce have posed significant challenges to the Egyptian legal framework highlighting the limitations of general commercial contract rules with regards to electronic contracts. This thesis argues that access to the courts is hindered by restrictive terms in the electronic contracts over which the Egyptian law has no jurisdictional power. Accordingly, private institutions set the rules in the e-contracts and enforce them through private methods leaving no room for state intervention to ensure the protection of consumers. Hence, the application of national consumer law is impaired by the private practices that shape the transaction to their best business ends. Consumer protection is essential to promote access to the online market since it serves as a safety valve in face of the electronic risks. So, to increase the level of protection for consumers conducting e-transactions, the Egyptian legislator should adopt reforms to control the private mechanism to ensure consumer rights’ application instead of informal negotiations to satisfy consumer’s problems

CONSUMER PROTECTION IN ELECTRONIC CONTRACTS: THE CASE OF INDONESIA

This paper aims to provide insights into the consumer protection in e-commerce in Indonesian context. In 2015, ASEAN Economic Community (AEC) which includes Indonesia as a member, was established for a regional economic integration by reducing the transactions costs of trade, improving trade and business facilities, as well as enhancing the competitiveness of Small and Medium-Sized Enterprises sector. AEC is expected to promote electronic transactions. Even though Indonesia has the Law Number 8 Year 1999 on Consumer Protection, this law does not regulate specifically on electronic transactions. In response to this limitation, Indonesia has issued the Law Number 11 Year 2008 on Information and Electronic Transactions and Government Regulation Number 82 Year 2012 on the Implementation of Systems and Electronic Transactions. This is followed by enactment of Law Number 7 Years 2014 on Trade, which regulates general domestic trade, foreign trade, border trade and commerce through the electronic system. The law aims to stem the flood of products imported into Indonesia so that the use of domestic products can be increased. This paper concludes that legislations which regulate consumer protection in electronic transactions are still inadequate thus Indonesia is not fully ready to deal with the consumer protection in e-commerce. Keywords: Electronic contracts, consumer protection, Indonesia, ASEAN Economic Community.Cite as: Agustin, E. & Kurniawan, F. (2017). Consumer protection in electronic contracts: The case of Indonesia. Journal of Nusantara Studies, 2(1), 159-169.  http://dx.doi.org/10.24200/jonus.vol2iss1pp159-16

Protection of Civil Electronic Consumer at International and Domestic Laws

The world has witnessed a great technological development in the communications and information exchange field. This has opened the way for a new type of transaction using modern means of communication, especially the World Information Net (Internet). The Internet has become a commercial center that can accommodate all the world's population and dominate the majority of businesses Contracts transactions done through it, consumer contracts are considered part of electronic transactions with the risk of shading and fraud by electronic vendors and professional professionals, which requires providing protection to the electronic consumer commensurate with this status quo, Most countries around the world have worked to protect electronic consumers by enacting legislation and laws to protect the weak party and prevent vendors and professional professionals from exploiting, shading, cheating, and circumventing it. Therefore, the protection and care of electronic consumers has become one of the main duties of the modern state, which is responsible for protection in order to obtain the needs of consumer and service methods and new legal mechanisms in line with the requirements of this era. The first topic dealt with the concept of consumer in international and domestic legislations. In the first demand, it dealt with the nature of electronic contracting for the consumer. Then, the second demand dealt with consumer protection in international and domestic laws. In the second topic, The right of the electronic consumer to face the arbitrary conditions of the contract, the protection of his personal data as well as his right to grant him a license to withdraw from the contract. If the contract was free of nodal defects, and reached the results of the most important update the laws currently in force, or the establishment of special laws to protect the electronic consumer, in addition to international cooperation in this area to exchange experiences. Keywords: Consumer - Electronic Consumption - Civil Protection - Online professional vendor and professional - International and local laws for the protection of electronic consumer - Solutions prescribed for the electronic consumer

The laws, regulations, and industry practices that protect consumers who use electronic payment systems: credit and debit cards

Summary: This is the first in a series of three papers that examines the protections available to users of various electronic payment vehicles who fall victim to fraud, discover an error on their statement, or have a dispute with a merchant after making a purchase. Specifically, it examines in detail the federal and state laws that protect consumers in the three situations described above as well as the relevant association, network, and bank policies that may apply. The protection information included in this paper is derived from a wide range of public and non-public sources, including federal and state statutes, consumer-issuer contracts, and interviews with scores of payments industry experts. This first paper focuses on the two most widely used electronic payment methods: credit cards and debit cards. The second paper in the series will examine two newer electronic payment vehicles: ACH debits and prepaid cards. The third paper will discuss the broader industry and policy implications of the authors’ findings.Regulation E: Electronic Fund Transfers ; Regulation Z: Truth in Lending ; Consumer protection ; Fraud

Personal Liability for Loss of Business of Consumer in Electronic Transaction Using the Standard Contract

Standard contract in electronic transactions in the business-to-consumer as contractonline is offered by business actor to consumers in the form of ‘take it or leave it\u27. Almostall standard contracts in electronic transaction cannot be negotiated. These contracts arebusinesses utilized to circumvent and ignore the rights of electronic consumers. This electronictransaction has its own characteristics when compared to conventional transactions. Basedon the principle of contract freedom, then the contract can be made in any form and bindingas law for the parties. Therefore the consumer protection should be equated with consumerconducting transactions conventionally. Under the provisions of UUPK stated that businessesare prohibited from creating a standard clause in the contract that the form of the transferof responsibility. Consequently, the violation of the provisions of the standard clause thathas been set by the business is declared null and void. The principle of responsibility is alsoadopted in principle of the presumption of UUPK is to always be responsible (presumptionof liability principle) by the burden of reversed proof. For greater protection for consumersin electronic transactions, it is right in Indonesia to implement the principle of absoluteliability in providing maximum legal protection for consumers in transactions in cyberspace

Harmonization of the Three Main Pillars in Order to Realize the Value of Balance in Consumer Protection

This research work is a dissertation; it is socio-juridical in nature. It studied and discussed secondary materials of legislations in the form of manual and electronic literatures of law, relevant law research results, particularly in the field of consumer protection, and other relevant written materials. It also examined legal facts of consumer protection and their impacts on the general public. The aims of this research work are as follows: 1) To describe the idea of “Value of Balance” in the Consumer Protection Act; 2) To describe the responsibilities of involved parties (consumers, businesses and government) in order to create a state of balance in the consumer protection process; and 3) To describe the roles of four supporting pillars in the realization of balance in consumer protection.The results of this research revealed that: 1) The value of balance in the Consumer Protection Act is based on the synergy between the rights and obligations of consumers, the rights and obligations of business actors, the duties and responsibilities of the government, the support of both public and private agencies, efforts at consumer dispute resolution, and the supervision of standard contracts; 2) The rights, obligations, and responsibilities of consumers, businesses, and the government were not fully realized. This means that the mandate of the statutory provisions in the field of consumer protection was not achieved; hence, balance was not achieved; 3) The four supporting pillars (government's efforts, consumer protection agencies, the use of standard contracts, and consumer dispute resolution) did not help to realize balance in consumer protection. Keywords: Harmonization, Value of Balance, Consumer Protection

Koronavirüs sebebiyle yaygınlaşan online alışverişlerde kabul edilen elektronik sözleşmelerin tüketicinin korunmasına etkileri

Elektronik iletişim araçları kullanılarak elektronik ortamda kurulan elektronik sözleşmelerin en yaygını internet üzerinden web siteleri aracılığıyla kurulan sözleşmelerdir. Bu sözleşmeler kural olarak hazır olmayanlar arası, katılmalı ve mesafeli sözleşme özelliği gösterirler. Katılmalı sözleşmelerin taraflara müzakere imkanı sunmaması sebebiyle Tüketici Hukuku kapsamında haksız şartlar meydana gelmekte ve sözleşme kesin hükümsüzlük yaptırımına tabi tutularak tüketici korunmaktadır. Yine sözleşmelerin mesafeli sözleşme niteliğinde olması ve mesafeli sözleşmeler bakımından hukukumuzda tüketiciyi koruyucu hükümlere yer verilmesi sayesinde korunma sağlanmaktadır. Mesafeli sözleşmeler bakımından tüketicinin korunması özellikle satıcı/sağlayıcının tüketiciyi bilgilendirme yükümlülüğü ve tüketicinin cayma hakkına sahip olması yoluyla sağlanmaktadır.The most common of electronic contracts established in electronic form using electronic communication tools are contracts established through websites over the internet. These contracts, as a rule, exhibit inter-participant, participatory and distance contracts. Since participatory contracts do not offer negotiation opportunities to the parties, unfair terms arise under the Consumer Law and the consumer is protected by subjecting the contract to absolute invalidity. Again, protection is provided by the fact that contracts are distant contracts and in terms of distant contracts, protective provisions are included in our law. The protection of the consumer in terms of distance contracts is provided by the seller/provider, in particular, with the obligation to inform the consumer and the right of the consumer to withdraw

Just Click Here : A Brief Glance at Absurd Electronic Contracts and the Law Failing to Protect Consumers

As e-commerce explodes around the world, consumers’ rights have been left behind. Before the completion of virtually every transaction on the Internet, the onus is placed on consumers to read and agree to an onslaught of terms and conditions. Often hidden in the middle of this extremely lengthy list of terms are massive exemption and limitation of liability clauses that deny consumers most if not all of their rights as “equal” trading partners. The common law principle that all onerous clauses in a contract need to be brought to the attention of the consumer for them to be binding seems to have been lost with the invention of the “click here to agree” button for signing online contracts. As the courts in Canada have not provided clear guidance on this issue thus far, other means must be pursued in order to protect consumers from the near-tyrannical control of unencumbered electronic standard form contracts in e-commerce. This paper will describe the principle of sufficiency of notice as it applies to paper contracts, and then contrast it with the newer jurisprudence that has refused to apply the principle to electronic contracts. The reasons for the refusal will be explored, followed by an examination of why the principle of sufficiency of notice needs to be applied and strengthened to respond to the increasingly onerous provisions hidden in electronic contracts. Finally, some other options for achieving the goal of consumer protection from hidden onerous clauses will be briefly explored. These other options include introducing stiffer consumer protection legislation domestically, the creation of international treaties, developing voluntary standards of contracting, and relying on Internet self-regulation

Just Click Here : A Brief Glance at Absurd Electronic Contracts and the Law Failing to Protect Consumers

As e-commerce explodes around the world, consumers’ rights have been left behind. Before the completion of virtually every transaction on the Internet, the onus is placed on consumers to read and agree to an onslaught of terms and conditions. Often hidden in the middle of this extremely lengthy list of terms are massive exemption and limitation of liability clauses that deny consumers most if not all of their rights as “equal” trading partners. The common law principle that all onerous clauses in a contract need to be brought to the attention of the consumer for them to be binding seems to have been lost with the invention of the “click here to agree” button for signing online contracts. As the courts in Canada have not provided clear guidance on this issue thus far, other means must be pursued in order to protect consumers from the near-tyrannical control of unencumbered electronic standard form contracts in e-commerce. This paper will describe the principle of sufficiency of notice as it applies to paper contracts, and then contrast it with the newer jurisprudence that has refused to apply the principle to electronic contracts. The reasons for the refusal will be explored, followed by an examination of why the principle of sufficiency of notice needs to be applied and strengthened to respond to the increasingly onerous provisions hidden in electronic contracts. Finally, some other options for achieving the goal of consumer protection from hidden onerous clauses will be briefly explored. These other options include introducing stiffer consumer protection legislation domestically, the creation of international treaties, developing voluntary standards of contracting, and relying on Internet self-regulation