Online consumer contracts concerning goods and services : the response of the European Union to ensure consumer protection

Abstract

The aim of this work is to analyse the efforts and initiatives undertaken by the European Community with a view to securing for online consumers purchasing goods and services via the Internet or by electronic mail, as high a level of protection as that afforded to them in the traditional marketplace. The work starts off with an attempted definition of electronic commerce and consumer protection, proceeds to identify some of the characteristics of the medium and their impact on consumers and provides a brief overview of the OECD Guidelines on Consumer Protection in the Context of Electronic Commerce. The focus shifts onto European Community Law relating to consumer protection and electronic commerce. The reader is taken on a journey commencing from the early moments when the online consumer starts surfing on the internet in search of goods and services or is attracted by an online advert right to the very end when the electronic contract is concluded between the online seller and consumer. In the course of the journey, the reader is introduced to the relevant provisions of European Community law relating to the online seller's duty to inform the consumer, unfair contract terms in online consumer contracts, the online seller's performance and the consumer's right of withdrawal. The issue of online payment and associated risks is examined and lacunae in European Community law on electronic payments are identified. The consumer's right to privacy in the online world is discussed. The work ends with an analysis of individual and collective, judicial and extra-judicial redress channels available, within the European Union, to aggrieved online consumers having concluded online contracts for the sale of goods and services.