E-business/E-commerce LAW - Essay Example

The Regulations provide rights in respect of information disclosure obligations when entering into the contracts online and rights regarding returns and refunds. The Electronic Commerce (EC Directive) Regulations 2002 implemented the Electronic Commerce Directive 2000. Similar to the Regulations, the focus of the consumer protection provisions in the Electronic Commerce Regulations is based on detailed information provisions (Cortes, 2010). Additionally, the Stop Now Orders (EC Directive) Regulations (2001) enable local authorities and industry regulators to apply for “Stop Now” orders against traders in breach of consumer protection regulations.

Another concern in ecommerce is information collection in respect of consumer data when purchasing online particularly with regard to privacy and the use of cookies to collect information (Wang, 2010). Under the Data Protection Act 1998 there are strict rules regarding information disclosure and third party use. With regard to the data collection in ecommerce, the Privacy and Electronic Communications (EC Directive) Regulations 2003 regulate information requirements that must be given to website visitors.

Additionally, the Council of the EU has voted through a new law that will require consent to the use of internet cookies in the EU and it must be implemented by member states by April 2011 (Robles, 2009). The ecommerce business model offers numerous opportunities however similar to offline contracts, ecommerce transactions will also give rise to disputes and in order to ensure consumer confidence in transacting online, there needs to be an adequate method of resolving disputes (Cortes, 2010).

In particular the problems of addressing consumer complaints in ecommerce transactions are perpetuated by the issues regarding governing law and the fact that disputes are cross-border (Cortes 2010).