Abstract
New methods for concluding electronic sales contracts, in particular through electronic marketplaces, have created a number of challenges for consumers. In addition to the substantial imbalance in the bargaining power between the business and the consumer, the contracts that are concluded through these new methods of contracting are doneremotely, the parties to the contract are anonymous and the buyer is unable to inspect the goods before paying and receiving them. These present challenges for the consumer.This thesis examines whether the current legal and technical protections in Iraq provided by both the legislature and electronic marketplace sites equip consumers of electronic marketplaces with adequate protection against fraud in these electronic marketplaces. The aim of this study is to provide guidance on the best way to protect Iraqi consumers in electronic marketplaces. To this end, this thesis critically analyses the rules governing consumer protection in the most developed system of consumer protection in electronic marketplaces, the EU. lrl addition, this thesis evaluates the self-regulated protection
mechanisms of the oldest and largest electronic marketplace, eBay.
The main findings of the thesis are that even with the many welcome reforms to the Iraqi legal system concerning electronic commerce and consumer protection over last five years, in particular the Consumer Protection Act (ICP A) and the Electronic Signature and Transactions Act (IEST A), certain weaknesses remain. Despite the prevalence of fraud in electronic
marketplaces in Iraq, the study found a considerable gap between the protections available to consumers of electronic marketplaces under Iraqi law when compared with protections available to consumers of such marketplaces under EU law. Thus, the thesis concludes that the current legal rights available to Iraqi consumers under the ICP A are not comparable with those afforded to consumers under EU law. This perspective is based on the finding that the
legal framework in Iraqi law- the ICPA and IESTA, has fail to make available to consumers of electronic marketplaces one of the most important rights which support consumer protection in such environments- the right of withdrawal from the contract. Moreover, the IESTA, unlike the similar legal framework under EU law, does not regulate the liability of the electronic marketplace sites for illegal actions committed by their users. Further, the research finds that in the EU the protection mechanisms in the self-regulation of electronic
marketplaces, in particular eBay, play a pivotal role in consumer protection. However, such mechanisms are almost non-existent in Iraq.
This thesis concludes by stating that enhancing consumer protection m electronic marketplaces, in Iraq, can be achieved by establishing adequate provisions in legal instruments that would establish legal protection for consumers and improving the selfregulation mechanism of electronic marketplaces. More specifically, the Iraqi legislature should reform the ICP A in three ways: the definition of the 'consumer' should be limited to only natural persons who are not experts in conti·acts; the scope of application of the ICP A should explicitly cover electronic commerce including electronic marketplaces and online auctions environments; and consumer rights should be increased by adding the right of withdrawal. Moreover, the !ESTA should be reformed by the Iraqi legislature to regulate the legal classification of the electronic marketplaces and their liability for illegal actions committed by their users. Further, Iraqi electronic marketplace sites should improve their self-regulation by adding technical protection mechanisms.
| Date of Award | May 2015 |
|---|---|
| Original language | English |
| Awarding Institution |
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| Sponsors | The Higher Committee For Education Development in Iraq (HCED) |
| Supervisor | Zhen Jing (Supervisor) |