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Legal Article by - EKTA TRIPATHI (This Article was written by her during her Internship)
ABSTRACT:
The exposure of e-commerce has revolutionised consumer behaviour by making cross-border transactions possible by providing more options to choose from and affordable prices at the same time.
However,there are number of significant problems associated with these agreements that can put the consumer rights at risk, including concerns regarding data privacy,product credibility and dispute resolutions. This article inspects how cross-border e-commerce impacts consumer protection,highlighting the essential aspect of international regulatory frameworks, the composite of jurisdiction,and the applicability of consumer rights across the globe. The conclusion focuses on the importance of consumer protection laws in furtherance of safe and sound cross-border e-commerce agreements.
INTRODUCTION:
The speedy growth of Internet lately has encouraged global trade and set the stage for internationalisation and incorporation of economic boom. In areas with similar demographic features, cross-border e-commerce has vast room for growth. And this leads to establishment of profit models and strategies both residentially and in foreign countries.
Cross-border e-commerce has entered into a pool of many opportunities which has not only vanished usual merchantile barriers among nations, but also helped in gradually proceeding foreign trade by alluring dealers and clients to manage business with each and everyone and with each and everyones’s businesses. Worldwide wealth and marketing figures will be seriously affected by the transfer to borderless transactions , and new problems concerning to consumer rights have evolved.
DEVELOPMENT OF CROSS BORDER E-COMMERCE:
The computing alteration has made foreign marketing simple, and has resulted in fast growth of e-commerce. Customers can buy amenities across the world congratulations to this invention, and also allows the companies to enlarge into new sectors. “The global cross-border e-commerce market was forecast to be valued at $785 billion in 2021, and it is expected to grow to a size of $7.9 trillion by 2030.” (UNCTAD) Surged e-commerce financing and some online manufacturers and dealers selling their goods overseas across the globe are benefited with this increase.
Work Cited
UNCTAD. “Cross-border enforcement of consumer law: Looking to the future.” unctad.org, 2022,
https://unctad.org/system/files/information-document/ccpb_WG_e-commerce_cross-Bord er_Riefa_en.pdf. Accessed 11/08/24 August 2022.
CONCERNS REGARDING CONSUMER RIGHTS IN CROSS BORDER TRANSACTIONS:
● LEGAL ISSUES:
A tough trouble in electronic shopping across worldwide is the issue of legal power. When a purchaser from one nation purchases something from a retailer in a different nation, this may not be understandable which country's law will safeguard the purchaser.This situation can result in difference of opinion and opposition in taking the cure of the problem arising thereof.
● QUALITY STANDARDS: Goods purchased from international market owners,will not match in some cases,with the native country’s requirement in the safety and grade.Resulting, customers receiving subservient or as a result dangerous products.
● RETURNS AND REFUND POLICIES: For international transactions, return policies and refund procedures may be more expensive and intricate. There's a chance that customers will pay more for shipping and have to wait longer for returns and refunds.
● PRIVACY AND DATA PROTECTION: Distress concerning data protection and privacy are put forth by the fact that many times cross-border dealings involves personal data exchange across international borders. Rules regarding data privacy varies from nation to nation, and have an impact on management of customer data.
● PAYMENT ISSUES: The receiving or acquiring bank verifies the payment based on a variety of factors. The suitable party assures there are enough funds available to complete the payment at the time. LEGAL FRAMEWORKS AND CONSUMER PROTECTION: To make sure that consumer rights are protected, different global structures and accords are in place to guard consumer’s transactions that cross borders and some are as follows:
● ORGANISATION FOR ECONOMIC COOPERATION AND DEVELOPMENT (OECD): The goal of the OECD is to modernise laws and policies that will add to the social and economic well-being of people globally. Governments can come together to share and exchange happenings and look for answers to shared issues in the forum provided by the OECD. It comes together with governments to recognise the factors affecting environmental, social, and economic swap. Through its Committee on Consumer Policy (CCP), the OECD specifically addresses a range of consumer-related problems.
● UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT (UNCTAD) UNCTAD program’s main goal is to use global business to advance fair and green development. In furtherance to providing survey and advice, it also aims to foster collaboration, increase capacity, and forge agreements in the areas of trade policy, trade negotiations, commerce in goods and services, consumer protection, competition law, and tackling issues that come out when trade, the environment, and climate change come together. Guaranteeing partner nations harvest the rewards of increasing competition, open and debatable markets, private sector investment in crucial areas, and lastly better consumer welfare, UNCTAD works on competition and consumer policies.
● CONSUMERS INTERNATIONAL: Consumers International is a non-governmental organization. It works globally in association with its partners and members to guard and allow consumers' rights and assure them that they are treated honestly and fairly. Established in 1960, Consumers International works to make sure that all consumers have a fair, secured, and ethical time ahead in a world where intercontinental companies are getting dominant.Consumers International is creating a strong global movement by supporting and empowering purchasers worldwide, with 200 member organizations. PRACTICAL TIPS FOR CONSUMERS: The following practices customers should follow while participating in international e-commerce to safeguard their rights:
● Examine Vendors: Check views and ratings to confirm that foreign vendors are genuine.
● Recognize return policies: Make sure you read and understand the refund and return policies,before making any such purchase.
● Look for Safe Payment Options: Use safe payment options once you gain confidence in the seller and beaware of luring offers.
CONCLUSION:
Consumer rights are influenced by a considerable amount of cross-border e-commerce, which results in both chances and opposition at the same time. On the one hand, it gives customers access to a greater selection of goods at affordable costs. It also adds complications to jurisdiction, consumer protection law enforcement, and dispute resolution. Variations in national legal systems can expose consumers to deceit and insufficient channels for redress .Global collaboration and adjustment are crucial for protection of consumer rights. Adding up, nourishing global legal frameworks and open practices will promise hike and stability in e-commerce industry globally.
REFERENCES:
● https://unctad.org/system/files/information-document/ccpb_WG_e-commerce_cr oss-Border_Riefa_en.pdf
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