International Journal in Management & Social Science
  • Year: 2016
  • Volume: 4
  • Issue: 9

Consumer Protection in E-Commerce: Some Notes on The Iraqi Electronic Signature and Transactions Act

  • Author:
  • Zana Ismael Aziz1,4, Zainal AminAyub2, Khadijah Mohamed3
  • Total Page Count: 8
  • Page Number: 473 to 480

1Lecturer College of Law, Kirkuk University, Republic of Iraq

2Senior Lecturer School of Law, College of Law, Government and International Studies, Universiti Utara Malaysia, 06010 Sintok, Kedah, Malaysia

3Senior Lecturer School of Law, College of Law, Government and International Studies, Universiti Utara Malaysia, 06010 Sintok, Kedah, Malaysia

4PhD candidate, School of Law, Government and International Studies, Universiti Utara Malaysia 06010 Sintok, Kedah, Malaysia

Online published on 8 August, 2018.

Abstract

Inany electronic contract (e-contract) transactions, confidence is considered as a paramount importance for the parties involved. The legal protection for the consumer all stagesof e-contract are crucial particularly to avoid any unfair conditions that may be imposed by the dominant party towards the consumer who usually considered as a weaker party in the contract. Given the nature of econtract, the risk posed to consumer is greater than the risk in the traditional trade because the scope of e-commerce is more comprehensive and broader. The aim of this paper is to examine the extent of confidence provided by the Iraqi law to protect consumer in e-contract transactions under its Electronic Transactions Act. The methodology used in this paper is a pure library research focusing mainly on primary and secondary sources. As comparison, there are claims of the adequate protection for the consumer in the electronic contracts in the European Union included in the European directives such as the requirement of informing the consumer in his language, the right to withdraw from the contract and the right to obtain the information. Hence, this paper attemptsto demonstrate that the Iraqi's Electronic Transactions Act lacks these basic rights, and needs further improvements to offer better protection to the consumers.

Keywords

Consumer protection, E-Commerce, Electronic Transactions Act, Iraqi Electronic Signature and Transaction Act