LEGAL PROTECTION AS A MECHANISM TO RATIONALIZE E-CONSUMER BEHAVIOR
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Abstract
This paper aims to highlight the legal framework, which includes e-consumer protection. Algerian legislation explicitly stipulates a number of legal provisions that protect the consumer in general and the electronic consumer in particular. Such as law no. 09/03 which includes the protection of the consumer and the suppression of fraud, and law no. 04/02 on business practices, as well as law no. 18/05 on electronic commerce.
This study concluded that the law on electronic commerce no. 18/05 did not provide adequate consumer protection. Although this law contains some new legal texts concerning the content of the obligation to inform and the conditions of electronic publicity, in addition to specifying the obligations incurred by the electronic supplier, it has also established penalties for violating the provisions of this law. However, the most appropriate law for the protection of the electronic consumer is Law No. 09/03, especially since the latter contained sanctions of a deterrent nature other than those prescribed by law no. 18/05 which is represented only in financial fines.
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References
Law No. 18-05 on electronic commerce, dated on 10 May 2018, Official Gazette No. 28 dated on 16/05/2018.
Law No. 04-02 of 23 June 2004, establishing the rules applicable to business practices, Official Gazette No. 41 of 27 June 2004, amended and supplemented.
Executive Decree No. 306/06 dated on 10 September 2006, establishing the basic elements of contracts between economic and consumer agents and items considered arbitrary, Official Gazette dated on 11 september 2006, No. 56, amended and supplemented.
Franziska Boehm, information sharing and Data protection in the Area of freedom Security and Justice, springer Verlag Berlin Heidelberg , 2012, p12.
Zakaria MOULAY, Karim KHDIM, Protection of Consumer in E-commerce - Comparison Study between Algeria and European Legislations -, The Algerian and Comparative Public Law Journal, Vol. 06, N 02/ December 2020, p 14.
Aricle 18 of Law 09/03 on Consumer Protection and Suppression of Fraud, Amended and Supplemented.
Olivier D’auzon, le droit du commerce électronique, éditions du puits fleuri, p 53.
Artile 22-23 of Law 18/05.