حمایت از مصرف کننده در تجارت الکترونیک Consumer protection in electronic commerce

Introduction 1. Developments in information and communications technology in the last decade have significantly changed lives and provided new opportunities for consumers and businesses. The General Assembly, in its resolution 70/186 of 22 December 2015, considered that e-commerce, “which should be understood to include mobile commerce, has become increasingly relevant to consumers worldwide and that the opportunities it offers should be harnessed to help facilitate economic development and growth based on emerging network technologies, with computers, mobile phones and connected devices that promote consumer welfare”. 1 2. An increasing number of consumers have access to the Internet and engage in e-commerce, which provides easier and faster access to products and services (hereafter referred to as products). It also presents some challenges for consumers that differ from those encountered during offline commercial transactions. Such challenges have given rise to the need to adapt existing legal and regulatory frameworks to the particular requirements of e-commerce. The change in the current environment for both consumers and businesses was the driving force behind the revision of the United Nations guidelines for consumer protection. 2 Another international instrument in this area, the Organization for Economic Cooperation and Development (OECD) Recommendation of the Council on Consumer Protection in E-Commerce, was also revised in 2016.3 Considering these developments and challenges arising from e-commerce and its continuous growth, the Intergovernmental Group of Experts on Consumer Protection Law and Policy, at its first session, held on 17 and 18 October 2016, requested the UNCTAD secretariat to prepare a report on e-commerce for consideration at its second session.4 3. An e-commerce transaction can be defined as “the sale or purchase of goods or services, conducted over computer networks by methods specifically designed for the purpose of receiving or placing of orders” (see http://stats.oecd.org/glossary/ detail.asp?ID=4721).