电子商务中的消费者权益保护------外文翻译(共12页)

1、精选优质文档-倾情为你奉上毕业设计（论文）外文翻译毕业设计（论文）题目：电子商务中的消费者权益保护 外文题目：Consumer Protection in Electronic Commerce: Some Remarks on the Jordanian Electronic Transactions Law 译文题目：电子商务中的消费者权益保护：一些在约旦电子交易活动律法的摘要学生姓名： 专 业： 指导教师： 专心-专注-专业Consumer Protection in Electronic Commerce: Some Remarks on the Jordanian Electroni

2、c 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 contact or knowledge. With this modern kind of trade, transactions might even be f

3、ormed 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

4、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 however that the law might contribute in shaking the trust in e-commerce and under

5、mining 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 r

6、each 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 eng

7、age 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 reform

8、s 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 practices and liberation of goods and services prices are freed. In 2001, Jordan enacted th

9、e 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 a

10、greements 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 whe

11、ther 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 offer the necessary guaran

12、tee 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 of concern that need to be addressed adequately by the legislation in order to prom

13、ote 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 c

14、ommunications 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

15、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 info

16、rmation, 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 give

17、s 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 bo

18、ost 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 Eur

19、opean 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 greater use of e-commerce by clarifying the rights and obligations of businesses and co

20、nsumers, 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

21、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 accessibl

22、e. 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, this law leaves this issue to be governed by the general rules of the Civil Law wit

23、hout 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, suppliers might have an absolute power to bind their consumers regardless of whether

24、 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 concern, it is essential then that the Electronic Transactions Law addresses such issu

25、e 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 Personal Data Many privacy concerns arise in cyberspace where anonymity prevails and in

26、 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 personal identifying information as they complete electronic transactions or creat

27、e 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 that to complete a transaction or gain access to a service they seek since they know t

28、hat 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 some Web sites collect personal information from consumers and store it in their d

29、atabases 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 sell it to marketing firms or unrelated third parties for a profit. This might not on

30、ly 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 fact that once such data leaves the hands of its initial collectors, it may be stolen

31、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 the purpose for which such information is used. This situation may infringe the priv

32、acy 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 is collected, used, and shared with third parties. Law is also strongly advised to

33、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 whether or not this information will be shared externally and must also include the i

34、dentity 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-consumers to make informed decisions before submitting their personal information online,

35、 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 and to the development of e-commerce in Europe. This is why the European Union has

36、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 Directive includes an important language that attempts to identify the core rights

37、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 justified in the light of the purpose for which it was acquired. Unlike the European Un

38、ion, 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 individual privacy, and although Jordan signed many international agreements which have i

39、nsisted 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 of consumers' personal identifying information. In fact, even though Jordan ha

40、s 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, its silence with regard to data privacy has effectively undermined the consume

41、r 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 of consumers' personal identifying information. Furthermore, this law doe

42、s 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 much power to determine the manner in which they collect and process consu

43、mers' 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 in Jordan, online consumers have no control over their submitted inf

44、ormation 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 facing e-commerce in Jordan. Unless the Jordanian legal system meets

45、 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 strongly advised to establish enforceable rules to safeguard users righ

46、ts 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. It would also be useful in this regard to contemplate the Organizatio

47、n 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 certain that the absence of an appropriate legal framework to deal with

48、 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 process is the most important consideration in shopping online. If

49、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 primary challenge is how to deal legally with e-commerce in a way tha

50、t 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, an

51、d 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 2001 which was adopted in order to accommodate the challenging aspects of e-commerce. The examination of this law however does not paint a

52、positive picture of the future of such commerce in Jordan. Unfortunately, this law says nothing regarding the protection of consumers' rights in the online environment. Furthermore, this law does not include any measures to build confidence in online commerce, nor does it involve any safeguards

53、in relation to misleading advertising, unfair contractual terms, the collection of consumers' personal identifying information, spamming, and other marketing practices that may confuse or take advantage of the consumer. Instead of safeguarding the rights of consumers comprehensively, unambiguous

54、ly, and directly, 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. In spite of the significance now being placed internationall

55、y on consumer protection, little attention has been given to such issue in Jordan. At the time of writing, Jordan does not yet have specific legislation pertaining to the protection of online consumers. While consumers in most jurisdictions receive the benefit of a wide range of consumer protection

56、laws, there is no detailed or comprehensive legal framework in Jordan for consumer protection. Although the general rules of the Jordanian Civil Law contain in one way or another some kind of indirect consumer protection, such rules may not be sufficient in the digital world due to the fundamental d

57、ifferences between online and offline environments. Although Jordan has proceeded with upgrading its legislation to meet challenges brought by e-commerce, it needs to do more in order to secure a suitable climate for e-commerce and enhance the confidence in conducting business online. In matters of

58、privacy and consumer protection, Jordan should seek to establish explicit rules to safeguard consumers interests without invoking and depending on the general rules of the Civil Law or on other traditional laws which may not be applicable for the Internet. For the full potential of e- commerce to be

59、 realized, Jordan is also strongly advised to develop effective standards to ensure that there are adequate consumer protection and proper means of redress in place. It is perhaps useful for Jordan to consider the principles of consumer protection that can be found in the relevant European Directives or OECD Guidelines. From:Jordan electronic trading activities of the law电子商务中的消费者权益保护：一些备注在约旦电子交