Consumer Protection in Electronic Contracts: Safeguarding Rights in the Digital Economy

The startling growth of e-business and computer usage to create and sign contracts has posed certain new challenges regarding consumer protection of their rights. Therefore, I will assess the current consumer protection laws using the three areas of asymmetry that I have identified, namely, standard form contracts, lack of informed consent, and exploitative interface designs in e-contracts. Using the Consumer “Protection Bill, 2019” of India, Information “Technology Act, 2000, The UNCITRAL Model” Law on Electronic Commerce, and in relation to the comparative analysis of EU Consumer Rights’ Directive 2011/83/EU, the study examines the standard form contracts’ fairness, transparency, and data autonomy. There is an analytical and legal approach focused on doctrines with the consideration of comparisons and norms and sources of law, including statutes and cases in selected jurisdictions. The research shows that legislative safeguards are weak in the context of standard form use, consumers’ consent is often not transparent or genuine, and no redress mechanism exists to address abuses. The paper ends with a set of findings and discussion that synthesizes a call for a rights-based approach that carefully considers the power of technical regulation, information dignity, as well as such concepts as RegTech, algorithmic reporting, and informational self-determination.