ABSTRACT
In the electronic marketplace, cross-border dimensions change the old boundaries between national, European and international law. We are facing a new trend of globalisation: international and national law merge in one unified framework; our conceptions of consumer law are also changing. The premise of globalisation, either at the traditional or online market level, claims for a reliable framework able to deter unfair commercial practices. Recomposing a new legal landscape able to dismantle unfair commercial practices in cyberspace is a daunting task. As remarked by Reich:
[e]verybody will agree that commercial practices should be ‘fair’ towards the consumer (and the competitor), but what exactly does ‘fairness’ mean in a specific setting? Are unsolicited Tele-or internet-marketing activities (spams) fair only if the consumer has consented beforehand (so-called ‘opt-in’ approach), or does ‘fairness’ merely require an effective procedure to oppose this type of marketing (so-called ‘opt-out’ approach), or should there be no state regulation at all, leaving the standard setting to self-regulation and the broad principles of civil and criminal law?1
