Consumer Law in the Information Society

Name: Consumer Law in the Information Society
Brand: Kluwer Law International
Price: 288.99 EUR
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Thomas Wilhemsson Salla Tuominen(Herausgeber*in)

Kluwer Law International (Verlag)

Erschienen am 1. Dezember 2000

428 Seiten

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Beschreibung

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Inhalt

Cover
Half Title Page
Title Page
Copyright Page
Table of Contents
List of Contributors
Foreword
PART I Consumers and Consumer Protection in the Information Society
Chapter 1 The Consumer in the Globalized Information Society - The Impact of the International Organizations
1. Globalization
2. Tbe Information Society and Electronic Commerce
3. The Role of Law in Regulating Electronic Commerce
4. The Diminished Effectiveness of National Regulations?
5. The Need for a New Approach Internationally to Consumer Protection
6. The United Nations Guidelines for Consumer Protection
7. The International Organizations
8. Co-Operation Among Governmental Agencies
9. Non-Government Organizations
10. Conclusion
Chapter 2 The Influence of Social Reforms and the Information Society on Consumers in a Transition Economy
1. Introduction
2. Reasons for the Absence of Consumer Policy and Consumer Law in the Former Soviet Union
3. The Transition Period in Economic and Social Relations
4. The Role of Consumer Law in the Legal System
5. The Influence of Information Society on Consumers
6. Intellectual Property and Consumers
7. Conclusion
Chapter 3 Consumer Protection in the Era of Informational Capitalism
1. Informational Capitalism
2. Informational Capitalism and the Consumer
2.1 Inequality, Social Exclusion and Consumer Protection
2.1.1 Inclusion/Exclusion and the Panoptic Sort
2.2 Insecurity and Risk
2.3 Models of Consumer Policy-Making: Beyond the Rational and the Vulnerable Consumer
2.4 New Normative Paradigms for Information in Consumer Policy?
2.5 Identity, Community and Consumerism
3. Conclusion
Chapter 4 The Future of Consumer Education and Consumer Information in a Market Economy
1. Consumer Information in the 21st Century
1.1 Information on Demand - The IFF Service System for Consumer Organizations
1.2 The Retreat of Consumer Advice Organizations
1.3 Consumer Information as a Commodity
2. Needs and Demand for Consumer Information in a Free Market Economy
2.1 Needs and Demand
2.2 Deficiencies in the Allocation of Resources to Needs
3. Consumer Information for Sale
3.1 Public Consumer Protection
3.2 Social Consumer Protection
3.3 Collective Consumer Protection
4. Conclusion
PART II Electronic Marketing
Chapter 5 Electronic Marketing from a Consumer Law Perspective
1. Background
2. Characteristics of the New Technique in the Context of Marketing
3. The Relevant Market
4. Cross-Border Malpractice Off-Line
5. Cross-Border Infringements On-Line
6. Some Specific Issues to be Addressed in the Internet Marketing Environment
7. An International Approach
7.1 The OECD - The Organization for Economic Co-Operation and Development
7.2 The European Union
7.3 Other Initiatives
8. Applicable Law and Jurisdiction
8.1 The OECD
8.2 The European Union
9. Conclusions
PART III Electronic Commerce
Chapter 6 The Country of Origin Principle in ECommerce Viewed from a Greek Law Perspective
1. Introduction
2. The Provisions of Greek Legislation Which Include More Stringent Regulations Than the Minimum Directives
2.1 Regulations on Distance Selling
2.2 The Regulations on Unfair Terms in Consumer Contracts
2.3 Rules on Distance Marketing of Financial Services
2.4 Regulations on Product Liability
2.5 Regulations on the Liability of the Service Provider
2.6 Regulations on the Obligations of the Organizer of Travel Package
2.7 Regulations on Advertising
3. Non-Harmonized Provisions in Greek Legislation
3.1 Provisions on the Obligations of the Seller of Durable Consumer Products
3.2 Provisions on Direct Advertising
3.3 Rufes on Promotional Marketing Practices
3.4 Provisions on Discounts
3.4.1 Seasonal Sales
3.4.2 Special Offers
3.4.3 Announcements of Business Liquidations
3.5 The Use of Commercial Designations to Cause Confusion
4. Final Remarks
Chapter 7 The Consumer in Electronic Commerce: Beyond Confidence
1. Introduction
2. The Characteristics of E-Commerce and Their Impact on the Consumer
2.1 Mediatization
2.2 Acceleration and Virtualization
2.3 Internationalization
2.4 Parcelization
2.5 Transparency
3. Beyond Confidence: the Next Steps
3.1 Consumer Education and Information
3.2 Consumer Participation in Decision-Making Processes
3.3 Consumer Redress, Access to Justice
4. Conclusion
Chapter 8 EU Internet and Electronic Commerce Law: Consumers and Non-Consumers
1. A Community Law Focus
2. Electronic Commerce as a Valid Subject for Discrete Legal Analysis?
3. Foci Within the Law
4. Future Directions
Chapter 9 Access to Justice in the Information Society
1. Introduction - Consumer Protection and Recent Advances in Information Technology
2. Categories of Access to Justice
2.1 National Level
2.2 Community Level
3. Commercial Use of the Internet
4. Special Obligations and Remedies with Respect to Distance Selling
5. Crimes Related to Computer Networks
6. The Protection of Privacy
7. Conclusions
Chapter 10 The Information Duty in Connection with Consumer Sales over the Net
1. Introduction
2. The Present Legal Situation in Sweden
2.1 General Aspects Concerning Electronic Sales and the Duty to Provide Information
2.2 Information Duties Remedied by Way of Punishments, Administrative Fines, Orders of Prohibition/Information
2.2.1 Generally About the Legislatian and Its Applicability
2.2.2 Information Requirements as to the Relevant Seller
2.2.3 Information About the Relevant Goods
2.2.4 Information as to the Price and Time for Delivery
2.2.5 Information as to Other Contract Terms
2.3 The Contractual Liability of the Traders
2.3.1 The Legislation
2.3.2 Information Requirements as to the Relevant Seller
2.3.3 Information About the Relevant Goods
2.3.4 The Price and Time for Delivery
2.3.5 Other Contract Clauses
2.4 The Liability of Traders to Pay Non-Contractual Damages
3. Recent and Pending EC Legislation
3.1 The Relevant Legislation
3.2 The Distance Contracts Directive (97/7/EC)
3.3 The Directive on Certain Aspects of the Sale of Consumer Goods and Associated Guarantees (99/44/EC)
3.4 The Proposal for a Directive on Certain Legal Aspects of Electronic Commerce in the Internal Market
3.5 Other Possible Directives
4. Conclusions
Chapter 11 Consumerism and Citizenship in the Information Society - The Case of Electronic Contracting
1. Preliminary Remarks
2. Aspects of Indeterminacy in Electronic Contracting
2.1 The Traditional Model of Contracting
2.2 The Importance of Place, Persons and Time in Conflict of Law Rules
2.3 The Indeterminacy of Cross-Border Contracting via Electronic Commerce
3. The Conflict of Law Rules Applicable to Cross-Border Electronic Contracting
3.1 The Applicability of the Law of the Supplier
3.2 Choice of Law
3.3 The Protection of the Consumer Through Conflict of Law Rules
3.4 New Trends in Conflict of Law Discussions
3.5 Cross-Border Litigation in the Context of the Brussels Convention
3.6 Other Criteria Determining Applicable Law
3.7 Some Remarks on the Problems Incurred by Using Payment Cards
4. EC Rules on Distance Selling
4.1 Different EC Initiatives
4.2 Some Remarks Relating to the Distance Selling Directive
4.3 The Amended Proposal of an EC Directive on Distance Marketing of Financial Services
5. The Proposed EC Directive on Electronic Commerce
6. The Preferred Solution: EC Law as the Mandatory Law of the Forum
Chapter 12 Co-Regulating the Internet
1. Introduction
2. The Role of Governments in Controlling Deceptive Marketing Practices in Electronic Commerce
2.1 Market Forces and Government Regulation
2.2 Four Dogmas of Cyberspace Utopianism: the Argument Against the Government Regulation of Electronic Commerce
2.3 The Dogmas Dissected: Cyberspace Utopianism Has No Clothes
2.3.1 The Special Characteristics of On-Line Communications Do Not Undermine the Legitimacy of Territorially-Based Jurisdiction
2.3.2 The Argument from Futility Refutes Only One, Particularly Poor, Enforcement Approach
2.3.3 The Problem of Overlapping Jurisdiction Can Be Addressed Through Approaches Less Drastic Than Abdication
2.3.4 Deceptive Marketing Practices Are Not Likely to be Adequately Controlled by Market Forces Alone
3. Letting On-Line Commerce Grow
4. Conclusion
Chapter 13 Electronic Commerce and Travel Law
1. Introduction
2. General Problems
2.1 Conclusion of Contract
2.2 Jurisdiction
2.3 Conflict of Laws
3. Airlines
3.1 Economic Background
3.2 From Computer Reservation Systems to the Internet
3.3 Jurisdiction According to the Warsaw Convention
4. Package Tours
4.1 Economic Background
4.2 Distribution: From Travel Agent to Internet
4.3 The Package Tours Directive
5. Travel Agents
6. Conclusion
PART IV Financial Services
Chapter 14 Changing Technology and Consumer Credit Regulation
1. Introduction
2. Hybrid Credit Contracts
2.1 1ntroduction
2.2 Features of Credit Contracts
2.2.1 The Combination of Fixed and Variable Rates
2.2.2 Home Loans and Personal Loans
2.2.3 Complex Purchase Money Loans
2.2.4 Combined Debit and Credit Facilities
2.2.5 Combined Credit and Other Facilities
2.3 The Australian Experiment
2.3.1 Consumer Credit Code
2.3.1.1 The Removal of Legislative Distinctions Between Types of Credit Contract
2.3.1.2 The Removal of Ceilings and Floors
2.3.1.3 Pricing Flexibility
2.3.1.4 The Australian Approach to the Regulation of Credit Providers
2.3.2 Issues Arising Under the Consumer Credit Code
2.3.2.1 Introduction
2.3.2.2 The Generic Nature of Disclosure Requirements Leads to lndeterminacy
2.3.2.3 Disclosure Fails to Achieve the Truth in Lending Objective
2.3.2.4 Information Overload for Consumers
2.3.2.5 Fails to Cope Satisfactorily With Debit and Credit Arrangements
2.3.3 The Financial Services Bill: Another Model?
3. Electronic Communication
3.1 Introduction
3.2 The Application of Electronic Communication to Consumer Credit
3.2.1 Product Information
3.2.2 Transacting Electronically
3.2.2.1 Legal Infrastructure Generally
3.2.2.2 The Application of General lnfrastructure to Consumer Credit
3.2.2.3 Are Additional Safeguards Required?
3.2.3 Special Rules far Real Property Martgages?
4. Conclusion
Chapter 15 Banking in the Information Society: a Brazilian Vision
1. Introduction
2. Technological Innovation in Banking Services and Consumer Protection in Brazil
2.1 The Consumer of Banking Services
2.1.1 Banking Services: Falling Under the CDC Provisions
2.1.2 The Prejudice Against Low Income Consumers and Technological Advances
2.2 Electronic Advantages in Banking Services
2.2.1 Automated Teller Machines, Prices and Brazilian Consumers
2.2.2 Homes Banking, Internet Banking, Credit Cards and Other Banking Cards
3. Contractual Relationships Between Banks and Consumers Today: Consumer Protection in Financial Services in Brazil
3.1 Special Contractual Duties of Banks: Consumers' Rights During Negotiation and After Payment
3.1.1 Information Duties: a Protected Choice of Financial Service
3.1.2 Duties of Co-Operation and Care: a Protection of Dignity
3.2 Banks, Contractual Liability: Consumer Rights During the Contract
3.2.1 The Interpretation of Consumer Contracts and Adequate Performance
3.2.2 The Protection Against Unfair Contract Terms and Practices in Financial Services
Chapter 16 The Protection of Privacy: A Consumer Perspective
1. Introduction
1.1 Issues to Be Covered in This Chapter
2. International Framework
3. Tbe Community Secondary Law Response
3.1 Data Protection Directive
3.1.1 Scope
3.1.2 The Applicable Law
3.1.3 The Main Requirements
3.1.4 The Rights of the Consumer
3.1.5 Remedies and Compensation
3.1.6 The Transfer of Personal Data to Third Countries
3.1.7 Supervision
3.1.8 Implementation
3.2 The Telecom Data Directive
3.2.1. The Main Requirements
4. Certain Issues Revisited
4.1 Privacy as a Consumer Policy/Protection Issue
4.1.1 A 'Rights' Point
4.1.2 A Quid Pro Quo Point
4.2 As to (De)regulation
5. Concluding Remarks
PART V New Responsibilities
Chapter 17 The Millennium Bug and Product Liability
1. Introduction
2. A wareness of the Millennium Bug
3. Time Limits and Product Liability
4. Defectiveness
5. Development Risks Defence
6. Who to Sue?
7. Conclusion
PART VI Access and Intellectual Property
Chapter 18 Access to the Information of the Public Sector: Problems with Intellectual Property and Public Registers Regarding Safeguards for Consumers
1. Introduction. The Green Paper on Public Sector Information in the Information Society
2. The Right of Access of the Consumer-Citizen and the Commercialization of Public Sector Information
2.1 New Perspectives in Comparative Law
2.2 The Intellectual Property of Official Texts and Documents and Their Exploitation
2.3 Other Problems with Intellectual Property
3. Public Registers: Access and Commercial Exploitation of Their Contents. The Property Register
3.1 The Limits of Formal Publicity: the Fight Against the 'Private Parallel Registers' to the Property Register
3.2 The Property Register as a Protected Database Under the New 'Sui Generis' Right of the Directive of 11 March 1996
Chapter 19 Intellectual Property Confronts Counterfeiting in Africa: Protecting Innovators and Consumers in Cybersociety
1. Contextualizing Counterfeit Trade in Africa
2. The Nature and Extent of Counterfeit Trade in Africa
2.1 The Definition and Nature of Counterfeit Trade
2.2 The Impact of Counterfeit Trade
2.3 Robin Hood's Defenders
3. Anti-Counterfeiting Policy: Africa in Context
3.1 Transnational Anti-Counterfeiting Regimes
3.2. (Sub)regional and National Anti-Counterfeiting Regimes in Africa
4. Anti-Counterfeiting Law and Enforcement in Africa
4.1 Criminal Law Confronts Counterfeit Trade in Africa
4.2 The Civil Law of Counterfeiting
4.3 Intellectual Property Confronts Counterfeit Trade in Africa
4.3.1 Patent Law
4.3.2 Copyright Law
4.3.3 Trademarks and Related Doctrines
4.4 Sui Generis Anti-Counterfeiting Regimes in Africa
5. Towards Confronting Counterfeit Trade in Africa
5.1 Some Reforms of the Transnational Policy on IP and Counterfeiting
5.2 Reforming IP and the Anti-Counterfeiting Law and Enforcement in Africa
PART VII Consumers and the Media
Chapter 20 The Consumer's Right to Knowledge and the Press
1. The Media as Consumer Products
2. Selling a Newspaper as a Sale of Consumer Goods
3. Freedom of Speech and Its Counter-Principle
4. Hidden Marketing
5. Product Liability
6. Consumer Sales Remedies
7. Does Consumer Law Matter?
Table of Legislation
Index
Back Cover

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