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Ensuring consumer protection In the field of e-commerce , it is crucial to enforce consumer rights and provide them with essential information, in particular on their right of withdrawal. According to the interpretation of the Court of Justice of the European Union of the Community directive on the protection of consumers for distance contracts, companies carrying out online transactions must comply with the obligation to provide written confirmation or information on a “durable medium”. The mere fact of providing a hypertext link to the required information on a website is not sufficient to satisfy this obligation .
The Importance of Written Confirmation in E-Commerce:-
The court decision arose out of a dispute between a software download company and the Austrian consumer protection agency. It concluded that information accessible via a hyperlink is not considered to be “provided” by the business or “received” by the consumer under the Directive. Therefore, consumers are required to take active steps to familiarize themselves with the information, which may compromise their ability to effectively exercise their rights.
In addition, the court clarified that a website cannot be considered a “durable medium” unless it allows consumers to store personalized information securely, protecting it from tampering, providing access and allowing reproduction where needed.
Defining a sustainable medium: ensuring consumer protection: –
In order to ensure compliance with consumer protection regulations, professionals engaged in electronic commerce are advised to go beyond the simple provision of a hypertext link and instead issue a written confirmation of the information required. This confirmation may be provided either in writing or by a means meeting the characteristics defined by the Court of Justice.
In an important judgment of January 25, 2017, the Court of the European Union gave a definition of “durable medium”. It specifies that a durable medium designates “any instrument allowing users of payment services to store personal information, which can be consulted later for an appropriate period and reproduced identically”.
This decision highlights the importance of protecting consumer rights in the digital age. By ensuring that consumers receive written confirmation or information on a durable medium, businesses can effectively inform consumers of their rights, including their right of withdrawal. It promotes transparency, empowers consumers, and builds trust in e-commerce transactions.
In conclusion, professionals operating in the field of electronic commerce must prioritize consumer protection by providing written confirmation of essential information. By doing so, they can fulfill their legal obligations, promote consumer rights, and contribute to a fair and secure digital marketplace .