电子商务消费者权益保护中英文对照外文翻译文献
电子商务消费者权益保护中英文对照外文翻译文献(文档含英文原文和中文翻译)
Consumer Protection in Electronic Commerce: Some Remarks on the Jordanian Electronic Transactions Law
Emad Abdel
Electronic commerce changes the way the world is conducting business. It offers enormous potential for accessing to new markets and transacting between 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 many 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 bu
controller翻译中文siness practices, and enhancing the commercial flourish in the networked 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 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 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 advantages 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 wit
h the global economy and shift the Jordanian economy from protected form of economy to the market 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 placed 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 light 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 need to protect consumer rights. In other words, does the Electronic Transactions Law in Jordan off
er 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 Jordan
Although e-commerce is growing at a 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 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 unfair 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-commerce. 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 explore 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 as 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 contract 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 s
pecific provisions in terms of information to be provided to the consumer. 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 consumers 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 provide contact details to the recipients of their services in a form that is easily, directly and permanently accessible.

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