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.doc

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1、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 parties who may have had no previous

2、 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 espe

3、cially 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 networked environment. It is quite possible

4、 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 su

5、ch 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 res

6、ults 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 opportunitie

7、s 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 market one, where the competition practice

8、s 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

9、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 man

10、y 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 oth

11、er 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 dramatic rate, there are still areas

12、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 environm

13、ent 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 ri

14、ghts 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

15、 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

16、 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 i

17、n 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 thi

18、s 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. Such directives aim to encourage grea

19、ter 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

20、 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 recipi

21、ents 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 the electronic contract. By doing so,

22、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 recognition of the full information right, s

23、uppliers 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 environment for online consumers is our con

24、cern, 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 after it. The Right to Privacy in Pers

25、onal 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 required e-consumers to disclose some

26、 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 with third parties. They just do tha

27、t 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 purchase (Ciocchetti 2008, p. 561). While

28、 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 collect personal information only to se

29、ll 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 complicates the matter further is the fac

30、t 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 purchase their personal information or t

31、he 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 extent consumers personal information

32、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 information. Such notification must clarify wh

33、ether 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-consum

34、ers to make informed decisions before submitting their personal information online, and provide them with options as to how this information may be used for purposes beyond those necessary to conclude a transaction. Protecting the privacy of personal data is recognized as being important to society

35、and to the development of e-commerce in Europe. This is why the European Union has enacted Directive 95/96 in 1995 to determine a basic framework for the protection of personal data while at the same time stressing the freedom of movement of personal data between each of the EUs Member States. This

36、Directive includes an important language that attempts to identify the core rights of data subjects, such as the right to know what data is held on them and the nature and purpose of the processing. Furthermore, this Directive necessitates that any subsequent use or transfer of the data must be just

37、ified in the light of the purpose for which it was acquired. Unlike the European Union, Jordan does not yet have comprehensive legislation pertaining to data privacy. Although the Jordanian Constitution explicitly recognizes the right of each member of the society to maintain and preserve his indivi

38、dual privacy, and although Jordan signed many international agreements which have insisted on the importance of protecting the privacy of personal data, Jordan has no specific data protection or privacy law, and hence, it remains unclear how to deal with the collection, processing, and dissemination

39、 of consumers personal identifying information. In fact, even though Jordan has witnessed significant legislative reforms and amendments during the last decade, none of such reforms and amendments regulate the privacy in online contracting.While the Electronic Transactions Law was well intentioned,

40、its silence with regard to data privacy has effectively undermined the consumer protection which it aimed to provide to Internet users. Instead of safeguarding the rights of consumers to privacy and protection in the online environment, this law says nothing about the collection, use, and disclosure

41、 of consumers personal identifying information. Furthermore, this law does not require e- commerce companies to create a privacy policy or notify their customers of the purpose for which the personal data are collected from them. That being the case, one may conclude that online companies have too m

42、uch power to determine the manner in which they collect and process consumers personal data, and that such companies are absolutely free to sell, swap, or rent consumers data to whoever they want without any fear that law will interfere or track down their operations. Under the current legal system

43、in Jordan, online consumers have no control over their submitted information or over the subsequent use of such information, and it still difficult for them to make informed decisions before submitting their personal identifying information online. Privacy is then one of the most complex challenges

44、facing e-commerce in Jordan. Unless the Jordanian legal system meets this challenge adequately in a way that protects the personal information of consumers while also promotes e-commerce efficiency, the interests of Internet users across the country will be largely unprotected. Therefore, law is str

45、ongly advised to establish enforceable rules to safeguard users rights to privacy in personal data. It is perhaps useful for Jordan to consider the principles of fair information practices for the protection of personal data that can be found in the Data Protection Directive in the European Union. I

46、t would also be useful in this regard to contemplate the Organization of Economic Cooperation and Development (OECD) Privacy Guidelines.Conclusion Electronic commerce has brought with it a host of new challenges especially in matters of privacy and consumer protection. It has become increasingly cer

47、tain that the absence of an appropriate legal framework to deal with such challenges may have a negative effect on the stability and predictability of e-commerce. For most shoppers, feeling that their data and interests are well protected throughout the different stages of the electronic contracting

48、 process is the most important consideration in shopping online. If consumers feel that their rights might be infringed or that their interests might not be effectively and explicitly safeguarded, then they may be less willing to engage in online activities and transactions. It seems thus that the p

49、rimary challenge is how to deal legally with e-commerce in a way that promotes trust in conducting business over the Internet, and at the same time protects the fundamental rights of online consumers such as the right of full information, the right to have effective protection from unfair contractual terms, the right to review the contract or to withdraw from it, and the right to privacy. The most important initiative drawing the general features of electronic commerce in Jordan is the Electronic Transactions Law No. 85 of 2