Defective goods and services purchased online the extent of protection afforded to the consumer under Maltese law

Abstract

Each and every one of us plays the role of a consumer in our daily life. The advent of the Internet offers us a new way of shopping, irrespective of our geographic location or that of the seller. Today an Internet consumer may go online twenty-four hours a day to shop for practically any good or service, and conclude transactions even where sensitive data is involved. From books and compact discs to software products or pharmaceuticals, and increasingly even financial or insurance services -you name it, it will probably be available online. Although such e-consumers recognize the benefits that they may gain by being able to buy goods and services from online businesses world-wide however, they harbour high expectations of receiving adequate consumer protection under the law. In view of this, not only has the Maltese Consumer Protection Act been revamped by means of the 2000 amendments; the newly-enacted Maltese E-Commerce Act 2000 further lays down provisions that supplement these rules and applies them within the e-commerce scenario. This article starts out by briefly setting the context of consumer protection legislation within the e-commerce scenario and then focuses on the extent to which such legislation in Malta protects the online consumer when the latter purchases goods or services that later reveal themselves to be defective.