ABSTRACT

B2C e-commerce can cause particular problems for consumers, because of their ignorance of the other party, and because they are unable to examine the product as easily as they can in over-the-counter sales. These features are not unique to e-commerce, but nonetheless there are consumer protection provisions which affect B2C e-commerce, albeit that they might affect other consumer contracts also. Council Directive (97/7/EC) on Distance Selling predates widespread use of the Internet and consequently does not apply to e-commerce in a particularly satisfactory fashion. E-commerce is clearly an activity and it is quite likely that the contracting parties will be in different countries. Obviously, this can lead to potential for disputes about which country's law applies, and also as to jurisdiction over the defendant. Jurisdiction can be asserted against a defendant who does not submit to it depends on where the defendant has his/her domicile.