E-Consumers Protection Problems and Perspectives

Author : Sumaiyah Fathima

(I Year B.A. LLB Student CLC)

 Topics

 Abstract
 E-Consumer Protection Law
 Growth of Internet and E-Commerce
 Legal issues in E-Commerce and E-Contracting
 E-privacy
 Appropriate Information
 Recommendations & Conclusion
 Abstract

 How e-commerce is seen by people in view of e-

commerce security.

 Their rights in an electronic transaction and

behavior when these rights are violated.

 Knowledge of E-Commerce protection becomes

very important in growing on-line transactions.
 E-Consumer Protection Law

 Consumer Protection Act 1986 has no specific act regulates the online
transactions.

 The buyer is not able to inspect or sample the goods or services.

 The buyer necessarily pays through a card. This brings in the problem
of fraudulence in card payment.”

 In July 2015, The Union Cabinet approved the new bill as ‘Consumer
Protection Bill, 2015.
Removal of defects & Replacement of goods.
Return of price in case of discrepancy.
Discontinue any form of restrictive trade practice.
Cancel the License
“Mediation” – An alternative to resolve disputes –
Inexpensive justice.
 Growth of Internet and E-Commerce

 According to Morgan Stanley U.S. Investment Research,

Internet only takes four years to reach fifty million people
Television take more than ten years
Radio about 38 years.

 A report by the Internet and Mobile Association of India has revealed

that India’s e-commerce market reached USD 20 billion.

 The e-commerce has made a huge impact on most of the industries in

India,
Travel industry
Telecommunication industry
Online trading industry, etc.,
 Legal issues in E-Commerce and E-Contracting

As electronic commerce becomes International commerce, the reality is

that commercial disputes will occur creating such questions as:

"Which country’s court has the jurisdiction to hear the dispute?" and

"Which country’s law is to be applied to resolve disputes?"

The response to these problems has a mix of legislation, self-regulation

and international cooperation.

Although e-contracts do suffer some problems, in most cases by the

simple application of current rules. By asking three basic questions,
when was the contract concluded? What are the terms of the contract?
and where is the contract governed?
 E-privacy

 Despite rapid growth in e-commerce, many of the privacy and trust

issues concerns remain unaddressed.

 We report qualitative study on customers’ concerns over privacy and

trust in online purchasing.

 A number of issues such as data privacy, data security and safety, data
is closure and sharing by the seller with third parties have been
explored with regular internet shoppers.

 The findings suggest that trusted/branded websites, secured websites,

websites with clearly stated data protection/privacy policies makes
people more comfortable in online shopping and decreases their data
privacy concern.
 Appropriate Information

The type of information that e-retailers should be required to provide can

be broken down into five categories;

 Information about the E-Retailer

 Information about the Product

 Information about the Sales Process

 Information about the use of Consumer’s Personal Data

 Information about Applicable Dispute Resolution Processes

 Recommendations
 Transparent and effective consumer protection that is affordable

 Businesses should never conceal any term or condition that might

affect the consumer’s decision regarding the transaction.

 If a contract’s term stipulates the monetary damage to be furnished in

the case of consumer’s violation of the contract, it should be ensured
that such compensation is in proportion to the damage caused.

 Advertising and marketing should be clearly identifiable as such

 Advertised price must not hide the total cost of a good or a service

 Businesses must manage the digital security risk and implement

security measures for reducing or mitigating adverse effects relating to
e-commerce.
 Conclusion

 Apart from the technical (e.g., fast and reliable networks) and
regulatory (e.g., legal frameworks and standardization) challenges that
need to be tackled, there are a number of social concerns that also
need consideration.

 It is important for policy makers to see Internet use and electronic

commerce as a social as well as a technical phenomenon.

 National governments need to develop policy, regulatory and

legislative frameworks which are adaptable, enforceable, to the use of
e-commerce.