Consumer Protection in the Digital Economy: Challenges and Solutions
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Annual Lecture - Panel Discussion
Facilitated by
Barbados Fair Trading Commission (BFTC)
At
Accra Beach Hotel
8 March 2018
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Relevance of Consumer Protection in the Digital Economy
A Caribbean Community (CARICOM) Perspective
By
Philip McClauren
Deputy Programme Manager, CSME
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Definition
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economic processes, transactions interactions and activities that are
based on digital technologies
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Business to Business (B2B) transactions
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Business to Consumer (B2C) transactions
Amazon
EBay
Alibaba
Sears and Walmart
TriniTrolley.com
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Chapter 8 of the Revised Treaty of Chaguaramas (RTC) – Article 184-
186
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CARICOM Model Consumer Protection Bill – harmonized legislation
in response to Article 185 of the RTC
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Model Bill and provision for distance selling
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CARICOM Rapid Alert System (CARREX) – online platform and
public portal
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Traditional Economy – business to consumer in domestic market –
jurisdiction is not an issue
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Digital Economy – supplier and consumer have not moved. Issues of
jurisdiction
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Cross- Border (Mode 1) transaction – supplier and consumer in
different jurisdictions.
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How do you protect the consumer in that situation?
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How do your enforce cross- border transaction, consumer
complaint and enforce of consumer rights?
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Where does the consumer lodge a complaint?
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Which law will apply? Supplier country or consumer country
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The relevance of Community E-commerce policy with specific
consumer protection provisions
Information requirements provisions – prior to and at contract
formation
Consumer cancellation rights
Delivery/ performance deadline
Jurisdiction and enforcement of consumer legislation
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The need for cross- border cooperation between consumer
protection agencies - both intra-CARICOM and Extra-CARICOM
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Capacity building in cross-border investigations and market
surveillance.
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Questions and Discussion
Questions and Discussion
Exploring the relevance of consumer protection in the digital economy, this content delves into defining the digital economy, top countries in retail internet sales, and initiatives like the CARICOM Model Consumer Protection Bill. It addresses issues of jurisdiction in cross-border transactions and enforcement of consumer rights, highlighting the complexities faced in protecting consumers online.
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Presentation Transcript
PROTECTING CONSUMERS IN THE DIGITAL ERA PROTECTING CONSUMERS IN THE DIGITAL ERA Annual Lecture - Panel Discussion Facilitated by Barbados Fair Trading Commission (BFTC) At Accra Beach Hotel 8 March 2018
INTERVENTION INTERVENTION Relevance of Consumer Protection in the Digital Economy A Caribbean Community (CARICOM) Perspective By Philip McClauren Deputy Programme Manager, CSME
Defining the Digital Economy Defining the Digital Economy Definition economic processes, transactions interactions and activities that are based on digital technologies Business to Business (B2B) transactions Business to Consumer (B2C) transactions Amazon EBay Alibaba Sears and Walmart TriniTrolley.com
Top Ten Countries Retail Internet Sales as % of Total Retail Top Ten Countries Retail Internet Sales as % of Total Retail Source Ecommerce Infographics Source Ecommerce Infographics Country 2014 2015 UK 14.4 15.6 2016 2017 16.9 18 China 12.0 13.8 15.5 16.6 Norway 10.7 11.5 12.1 12.7 Finland 10.4 10.8 11.2 11.5 South Korea 9.8 10.5 11.3 12.0 Denmark 9.3 9.9 10.4 10.8 Germany 8.4 9.4 10.4 11.2 USA 7.1 7.7 8.3 8.9 Canada 5.9 6.6 7.4 8.2 Japan 5.4 5.8 6.2 6.7
Statistical Analysis Statistical Analysis
Consumer Protection in the RTC Consumer Protection in the RTC Chapter 8 of the Revised Treaty of Chaguaramas (RTC) Article 184- 186 CARICOM Model Consumer Protection Bill harmonized legislation in response to Article 185 of the RTC Model Bill and provision for distance selling CARICOM Rapid Alert System (CARREX) online platform and public portal
Protecting Consumers in the Digital Economy Protecting Consumers in the Digital Economy Traditional Economy business to consumer in domestic market jurisdiction is not an issue Digital Economy supplier and consumer have not moved. Issues of jurisdiction Cross- Border (Mode 1) transaction supplier and consumer in different jurisdictions. How do you protect the consumer in that situation? How do your enforce cross- border transaction, consumer complaint and enforce of consumer rights? Where does the consumer lodge a complaint? Which law will apply? Supplier country or consumer country
Issues for Consideration Issues for Consideration The relevance of Community E-commerce policy with specific consumer protection provisions Information requirements provisions prior to and at contract formation Consumer cancellation rights Delivery/ performance deadline Jurisdiction and enforcement of consumer legislation The need for cross- border cooperation between consumer protection agencies - both intra-CARICOM and Extra-CARICOM Capacity building in cross-border investigations and market surveillance.
Conclusion Conclusion Questions and Discussion
