MECHANISMS FOR PROTECTING THE PERSONAL DATA OF THE ELECTRONIC CONSUMER IN ALGERIAN LAW (BETWEEN LEGAL TEXTS AND ACTUAL APPLICATION)

Objectives: This study aims to examine the legal mechanisms available in Algerian legislation that provide protection for electronic consumers, with a specific focus on safeguarding their personal data and the security of payment card transactions. The study seeks to highlight the legal vulnerabilities of consumers in electronic contracts and explore how existing laws address these risks. Theoretical Framework: The research is grounded in the principles of consumer protection law, data privacy, and cybersecurity. It explores the concept of the “electronic consumer” as the weaker contractual party in e-commerce and relies on theories related to digital rights, consent, and obligations of electronic service providers. The framework also draws on international legal standards, such as the General Data Protection Regulation (GDPR), to assess the alignment and adequacy of Algerian legislation. Method: The study adopts a descriptive and analytical legal approach, analyzing relevant Algerian legal texts, including consumer protection laws, data protection statutes, and cybercrime legislation. It involves a critical review of statutory provisions and case law (where available) to assess the extent to which these laws protect electronic consumers’ personal data and payment methods. Results and Discussion: The analysis reveals that Algerian legislation recognizes the need to protect electronic consumers, especially concerning the handling of personal data and the security of payment transactions. Legal texts mandate that electronic suppliers safeguard consumer information and implement secure electronic payment systems. However, challenges persist in terms of enforcement, legal clarity, and consumer awareness. The study finds that although legislative progress has been made, there is a need for more comprehensive, technology-specific updates and mechanisms to effectively prevent and respond to electronic fraud and data breaches. Research Implications: This research underscores the importance of continuously updating national legislation in response to evolving digital threats and consumer vulnerabilities. It also provides a foundation for policymakers and legal scholars to evaluate the effectiveness of current legal protections and to consider harmonization with international standards for better protection of electronic consumers. Originality/Value: This study provides a focused legal analysis of electronic consumer protection in Algeria, a topic that is under-researched in regional academic literature. It highlights both strengths and gaps in the existing legal framework and offers practical insights for enhancing consumer confidence in digital markets by promoting stronger regulatory protections for personal data and payment security.