Part Two: Specific Issues

The Group looked at some issues of general importance which arise when considering the enactment of laws such as an electronic transactions law. These were addressed below.

I Consumer Protection

a) General principles

The Group found that the OECD Guidelines for Consumer Protection in the Context of Electronic Commerce provided a helpful starting point for identifying the basic principles that should apply. It noted that in a Model Law such as the present, it is difficult to be too prescriptive since consumer protection is an area where countries take quite varying approaches and impose significantly different levels of protection. It also noted that there are many different techniques for achieving the desired level of consumer protection, e.g. an emphasis on disclosure or an emphasis on post-offence remedies.

Consumer protection is an area where differing arguments have been made. Whilst some argue that there should be less protection, others feel that there should be more protection for consumers in electronic commerce transactions than the comparable level of consumer protection provided for other forms of consumer transactions by the country's law:

- Less protection - The argument in favour of less protection is that cyberspace should be treated as a "free" area not subject to government controls and only subject to self-regulation. The Group rejected this view. It believed that consumers dealing electronically are entitled, and need, as much protection from their government as that provided for consumers conducting transactio...

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