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Legal Article by - ATUL OJHA (This Article was written by him during his Internship)
Abstract
As the world changing with time, People also changing their daily habit of living like shopping etc. People using digital marketing for shopping now a days which connect the consumer as well as seller worldwide at the place in just one click. Digital market provides virtual space for both seller and consumer. Here consumer get a verity of option for buy as per there need, but as this trend increasing risk factor for consumer also increasing simultaneously. Many types of frauds, cheating and finical loses are happing with the consumers. So, to protect the consumers rights it is very much needed to make laws which protect them in the digital market. This article is going to deal with such problem and its solution.
Introduction
Digital market has completely changed the manner of processing the product for seller and buyer both. People start shopping by just one click and enter into the market of worldwide where they get a variety of option for shopping which leads to a number of challenges to protect the consumer rights. So, to protect their rights it is much needed to make different laws and statue which protect them in the digital Marketplace. It is required to make digital market safe for the consumer to protect their right from any kind of mishappening. In this regard various dedicated authority are formed to ensure the protection of consumer and solve their problem. In this context, India has been made different laws and statues to address such problem and issue arises by consumer. If any cybercrime happens with the consumer in digital market, then he can take help of court. The jurisdiction of court decided according to value of product and service as well as the amount of compensation. Government of India also established different type of legislation like District, State and National Consumer Dispute Redressal Commissions over the whole nation to address the problem of the consumer. If any kind complain arises to consumer, then consumer can go any of the forum about his complain to get the remedy. India has established proper procedure to ensure the safeguard of consumer in digital market but it is not a full prove procedure. In today’s world digital marketing creating a lot different types of challenges which cannot be solve by old traditional way. It is important to make law which provide speedy trial and fast remedy to the consumer. Government can also provide ADR mechanism to provide fast remedy to consumer. So, to resolve this kind of issue it is important to form proper dedicated law and create awareness to the people about cybercrime. It is challenging for the government but it also gives the best result.
Different types of challenges
1. E-Commerce Regulation
This is the most increasing sector in the digital market which make the business on computer network through internet and also change the way of shopping and buying. It also opens the door of different types of cybercrime with consumer. So, it become to take care of that the business ethics must be followed by the digital platform to protect the consumer right. In context of India, Information Technology Act,2000 and other laws play an important role take the necessary measure to deal with such problem. If any kind of fraud happen to the consumer, then there is proper procedure is provided to get the remedy.
2. Online Fraud
In today’s world, it is become a global issue due to globalization of internet. Fraudulent activities are done from any place of world without knowing the eject location of offender. Government of India tying to increasing awareness to people about it by various way like advertisement etc. Also, government has formed dedicated authorities who working on it to decrease the cases relating to online fraud. Cross border transition become such a big challenge to reduce the online fraud. To tackle this problem various treaties were signs between the countries to reduce it.
3. Data Privacy of Consumer
It becoming prime issue to protect the data of consumer and safeguard it from any kind of infringement. Digital platform collects and save consumer data. So, it is important to make them liable for protection of data to ensure the privacy of consumer from possible danger. If the data of consumer goes to the hand of culprits, then they can use it to fraud in digital marketing. Many incidents relating to credit card happened in recent years and increasing day by day. So, it is becoming prime objective to protect the data of consumer. Mechanism like General Data Protection Regulation need to develop to ensure the safety of data.
Proactive Measure Need To Take By Consumer
• Detail information
It becoming essential part to take all the necessary information regarding the product by the consumer during shopping through digital market. It ensures that consumers enter into right place and does not have any kind of security risk. Online sellers provided complete information regarding the product to the consumer and consumer must check description of product, price shipping cost, return policy and all. So that consumer must know whether the product is original or false claiming. It is important to read all the service-related terms and agreement to understand the responsibilities and avoid any hidden fee charge on consumer.
• Avoid misleading advertisement
Misleading advertisement harming the consumer by way. So, it is not necessary to click on misleading advertisement and go with unverified product. It is also important to make law which provide sufficient penalties for misleading advertisement and ensure that the product must as per description. If anyone promoting the misleading advertisement then he must be punishable for it so that they further avoid doing such thing. It also becoming duty of consumer verify the product before buying it. If any platform promoting unverified product, then it needs to be ban.
• Avoid unnecessary permission
Avoid unnecessary permission to the digital perform to protect their data. If somehow consumer data goes upon culprit hand, then they can misuse it according to their need to defraud the consumer. Consumer need to take necessary steps to protect themselves from data infringe and any other kind of loss. Digital platform collect data from digital marketing and misuse them to defraud the consumer. So, it becoming the duty of consumer that they not provide any unnecessary information or permission to the digital market platforms.
• Speedy Complain If any kind of Mishappening with the consumer which infringe the right of a consumer than the consumer must complain to the appropriate authority. The appropriate provide faster remedies to the consumer. There are various types of redressal forum were available according to their jurisdiction. So, it is necessary to complain about the cybercrime to get the speedy compensation. If any kind of delay made regarding it then the case become a mystery and providing remedy to the consumer become difficult.
Case laws
Asif Azim Case
Azim work in call centre Noida. Somehow, he manages to get the information of credit card of which client Barbara Campa. After that he created a mail ID of his client’s name and order many products online by using the client credit card and deliver the product on his own house. When Campa notice on usual transaction from his credit card then he complaint to the bank. The matter is sent to CBI and after the investigation CBI found the culprit and solve the case. CBI found that Azim was culprit in this case.
AIIMS Doctor Case
AIIMS doctor notice unusual transition from his credit card and complaint to the bank over receiving high amount credit card bill. Since, such type of cases were increasing CBI take this issue in his hand. CBI found that the doctor was defrauded over internet and an unknown person shop from his credit card over the internet worldwide. After the enquiry CBI found that Doctor credit card is used to buy a lot of items from several nations which make difficult to find the culprit.
Laws relating consumer right over digital market
Mainly three laws dealing over these issues: -
1. Information Technology Act,2000
2. Consumer Protection Act,2019
3. Bhartiya Nyaya Sanhita,2023
Conclusion
It is important to create strict law relating to Cybercrime because emerging digital market creating a lot of new challenges and does the consumer safety is under risk. It is important to balance between increasing market and the safety of consumer. Government of India tracking a number of actions to decrease the number of Cybercrime which is really helping. It is also an important task to create awareness about law dealing with cybercrime to the consumer so that consumer can get the proper remedies if any kind of lose happen with them relating to digital marketing. To ensure the safeguard of consumer, it is important to make digital market safe by acquiring proper legal framework. It works as shield in the protection of consumer in the digital market.
References
1. https://www.legalserviceindia.com/legal/article-16572-enhancing-consumerprotection-in-the-digital-marketplace-a-glance-at-the-influence-of-clickwrapagreements-on-fairness-andenforcement.html#:~:text=Consumer%20Rights%20in%20the%20Digital,protecti ng%20rights%20of%20consumers%20online.
6. https://www.researchgate.net/publication/378377895_THE_ROLE_OF_BUSINE SS_LAW_IN_IMPROVING_CONSUMER_PROTECTION_IN_THE_DIGITAL _AGE
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