The Reform of Electronic Consumer Contracts in Europe: Towards An Effective Legal Framework?

Abstract

Whilst much legislative progress has been made in the last ten years on policing electronic consumer contracts in Europe, new ways to deceive consumers also seem to constantly emerge. The Distance Selling Directive and the Electronic Commerce Directive were implemented in the Member States and provide for much of the legal framework currently applicable to e-contracts. However, the application of those texts remains unsatisfactory in many ways throughout Europe. Some changes in the regulation of electronic consumer contracts is however forthcoming at European level via the proposal for a Directive on Consumer Rights.

This article assesses the proposal and its likely impact on the protection of consumers. The article first turn our attention to the regulatory landscape already in place and the viability of the fragmented policy model adopted in the European Union. The article argues that this approach only yields limited effectiveness and highlights the difficulties linked with navigating and ultimately effectively applying such a fragmented regulatory framework (I). The article then concentrates on the substantive rules applicable to electronic consumer contracts and discusses how those may need to be improved in order to adequately meet the objectives of consumer confidence and growth of cross-border e-commerce set by the European legislator.The author regrets that the current and forthcoming substantive electronic consumer contract rules only have, here again, relative effectiveness (II).

Keywords: electronic commerce, proposal for a Directive on Consumer Rights, electronic contract, consumers, distance selling