Kirillova, et al.: The Principles of the Consumer Right Protection in Electronic Trade: A Comparative Law Analysis
International Journal of Economics and Financial Issues |
Vol 6 • Special Issue (S2) • 2016
120
notes Sarabdeen Jawahitha, the information has to contain what is
generally required of the content of information about any product
(the price, the rules and conditions of safe and effective usage, the
addresses of the manufacturer, and so on), as well as the what is
specially required of the information about food, non-food items,
work and services (Jawahitha, 2005). Therefore, the principle of
providing the consumer with the full information about the product
and about the business operator, when selling goods by distant
methods, is one of the main principles of the online trade.
The unimpeded commercial activity and the implementation of
the principle of interactions within the civil law are especially
important in trade via the internet; the main purpose of the civil law
is providing a free initiative of the participants of the civil turnover,
bound by none and nothing other but law – since everyone has a
right to free use of their abilities and property for entrepreneurial
or other economic activity, if the latter is not prohibited by law
(Rowe, 1998).
The principle of “overlapping” means that consumers should be
provided with effective and transparent protection in electronic
trade, which is by no means less than that guaranteed in other kinds
of trade. Besides, in electronic trade, we have the principle of being
able to return the goods, purchased via the internet. The possibility
to return a product without any explanations arises namely when
buying goods via the internet, or by some other distant method (for
example, when ordering by phone or by mail). If a product was
bought by a consumer personally, he or she can return the goods
only if they have some defect. If a consumer receives a defective
product, or not the one he or she had ordered, they have a right to
address a complaint to the supplier.
There has been controversy on the necessity to pay attention to
the citizens’ personal data protection, the data of the potential
online buyers. Therefore, in the first place, sellers have to obtain
permission from their buyers, to collect and use their personal
data, to inform them on the ways of collecting it, and keep the
received data confidential. The disclosure, selling or other illegal
transfer of the personal data of the buyers are forbidden. Secondly,
it is forbidden to send spam: Business operators do not have the
right to send the buyers any commercial information without their
agreement to receive it, or with the direct refusal to receive such
information.
