毕业论文外文翻译电子商务中的消费者权益保护一些备注在约旦电子交易活动的律法.docx

1、毕业论文外文翻译电子商务中的消费者权益保护一些备注在约旦电子交易活动的律法Consumer Protection in Electronic Commerce: Some Remarks on the Jordanian Electronic Transactions LawEmad Abdel Electronic commerce changes the way the world is conducting business. It offers enormous potential for accessing to new markets and transacting between

2、 parties who may have had no previous contact or knowledge. With this modern kind of trade, transactions might even be formed by the interaction with or between intelligent software applications without any direct awareness or intervention of the human users. Electronic commerce may also generate ma

3、ny consumer and legal challenges especially regarding the it between law and technology. The law is not just words on a piece of paper, but it might play an active role in building confidence in e-commerce, encouraging efficient business practices, and enhancing the commercial flourish in the networ

4、ked environment. It is quite possible however that the law might contribute in shaking the trust in e-commerce and undermining the security and reliability of the online environment. It can be said that the success of e-commerce in any country depends primarily on the predictability and suitability

5、of the legal framework and whether such framework copes sensibly with the needs of online consumers. For e-commerce to reach its full potential, consumers must have effective protection when shopping on the Internet, and they have to feel that their data and transmissions are adequately safeguarded

6、and authenticated. Otherwise, the results will be less and less convincing since individuals will be less willing to engage in the universe of the electronic commerce, and hence, e-commerce will not flourish and its growth will be stifled. Like other countries, Jordan sought to benefit from the adva

7、ntages and unprecedented opportunities of e-commerce. To achieve this goal, considerable economic and legislative reforms were made during the last decade to bring the Jordanian market into conformity with the global economy and shift the Jordanian economy from protected form of economy to the marke

8、t one, where the competition practices and liberation of goods and services prices are freed. In 2001, Jordan enacted the Electronic Transactions Law No.85 which was largely based on the UNCITRAL model law on electronic commerce. This law has recognized electronic transactions and signatures and pla

9、ced them on equal footing with their paper counter- parts. Furthermore, Jordan signed and acceded to many treaties and agreements at international, American, and European levels to create a favourable e-commerce climate and meet the standards of international trade. After such changes and in the lig

10、ht of the Jordanian membership in many international agreements, the pressing question that needs to be addressed is whether or not the Jordanian law of electronic transactions deals appropriately with the challenges of e-commerce in a way that strikes a balance between business interests and the ne

11、ed to protect consumer rights. In other words, does the Electronic Transactions Law in Jordan offer the necessary guarantee for a secure online commerce? This question will therefore be the subject matter of this paper. The Protection of Online Consumers in JordanAlthough e-commerce is growing at a

12、dramatic rate, there are still areas of concern that need to be addressed adequately by the legislation in order to promote trust in e-commerce and remove any barriers to its full development. Such areas of concern revolve in one way or another around the issues of consumer protection, privacy, and

13、data protection in an online environment where the contracting parties hardly know each other, and in which electronic communications are rarely subject to direct human review. Online consumers may not use the Internet to make purchases if they find that they do not have a clear protection from unfa

14、ir contractual terms or that their rights of privacy and transparency are not comprehensively guaranteed. Therefore, it can be argued that the lack of proper legislation may not only shake consumer confidence in online commerce, but it might also threaten the expansion and profitability of e-commerc

15、e. It is clear then that the consumer protection in e-commerce is based on several rights such as the right of full information, the right of privacy, the right to withdraw from the contract without penalty, and the right to have effective protection from unfair contractual conditions. Let us now ex

16、plore the way in which the Electronic Transactions Law deals with such rights and determine whether or not this law gives due attention to consumer protection in an online environment. Let us further permit and encourage debate of what such law should be in order to enhance legal certainty as well a

17、s increase confidence in e-commerce in Jordan. The Right of Full Information In order to protect online consumers and boost their confidence in e-commerce, consumer protection rules in most jurisdictions require that certain information must be provided to the consumer in good time before the contra

18、ct is concluded. Good examples in this regard are the European Directive 2000/31/EEC on electronic commerce, and the European Directive 1997/7/EC on the protection of consumers in respect of distance contracts which contain specific provisions in terms of information to be provided to the consumer.

19、Such directives aim to encourage greater use of e-commerce by clarifying the rights and obligations of businesses and consumers, enhancing the transparency, and breaking down barriers across Europe. In order to achieve these goals, such Directives require that certain information be supplied to cons

20、umers in a clear manner that comports with the means of distance communication used, having regard to the principles of good faith in commercial transactions, and the protection of minors and others unable to give consent. These Directives insist further that online service providers are obliged to

21、provide contact details to the recipients of their services in a form that is easily, directly and permanently accessible. Unlike the European law, the Electronic Transactions Law in Jordan does not contemplate the information that the supplier must provide to the consumer before the conclusion of t

22、he electronic contract. By doing so, this law leaves this issue to be governed by the general rules of the Civil Law without in any way recognizing the fact that consumers in an online environment need more protection than that offered by such general rules. Without direct and comprehensible recogni

23、tion of the full information right, suppliers might have an absolute power to bind their consumers regardless of whether or not they provide them with the necessary information to enter into contracts, and consumers might thus become largely unprotected. If creating a confident and protective enviro

24、nment for online consumers is our concern, it is essential then that the Electronic Transactions Law addresses such issue explicitly by imposing special duties of information on the supplier so that certain details must be provided to the consumer either before the contract is made or in good time a

25、fter it. The Right to Privacy in Personal Data Many privacy concerns arise in cyberspace where anonymity prevails and in which technology facilitates the collection, processing and transmission of individuals information in a matter of a few seconds. On a daily basis, the vast majority of Web sites

26、required e-consumers to disclose some personal identifying information as they complete electronic transactions or create online accounts. Such consumers often provide the required personal information without fully understanding how this information will be used and whether or not it will be shared

27、 with third parties. They just do that to complete a transaction or gain access to a service they seek since they know that any refusal to submit the required information will hinder any further meaningful use of a Web site, and hence, they will find themselves unable to complete their intended purc

28、hase (Ciocchetti 2008, p. 561). While some Web sites collect personal information from consumers and store it in their databases in order to facilitate transactions and discover consumers trends and interests so that they can satisfy the ever-evolving needs of their consumers, other Web sites may co

29、llect personal information only to sell it to marketing firms or unrelated third parties for a profit. This might not only impact a consumers privacy negatively, but it may also cause considerable personal and financial damage especially when very sensitive data falls into the wrong hands. What comp

30、licates the matter further is the fact that once such data leaves the hands of its initial collectors, it may be stolen or purchased anonymously and from anywhere around the world. That being the case, it should come as no surprise if consumers know nothing about the identity of the parties that pur

31、chase their personal information or the purpose for which such information is used. This situation may infringe the privacy of e-consumers and leave them in the dark as to how their personal information will be used in the future. In order to avoid that, law should determine when, how, and to what e

32、xtent consumers personal information is collected, used, and shared with third parties. Law is also strongly advised to oblige Web sites to notify their customer in advance and in a conspicuous manner of their privacy policy with regard to the collection, use, and dissemination of personal informati

33、on. Such notification must clarify whether or not this information will be shared externally and must also include the identity of the data controller, the purpose for which the data is collected, and the measures that will be taken to guard such data against loss or unauthorised processing. By doing so, law will surely enable e-consumers to make informed d