Particularities of the consumers' right to information in electronic commerce

Author:Alina Popescu
Position:Bucharest University of Economic Studies, Romania
Pages:477-488
SUMMARY

An individual’s right to information is a fundamental right, guaranteed and protected by effective legal means. At the same time, since it is a relative right, it is likely to be limited by explicit legal regulations, in certain properly determined circumstances. The guarantee and protection of the right to information is a responsibility of authorities, who should facilitate an individual’s... (see full summary)

 
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Particularities of the consumersright to information
in electronic commerce
Phd. student Alina POPESCU1
Abstract
An individuals right to information is a fundamental right, guaranteed and
protected by effective legal means. At the same time, since it is a relative right, it is likely to
be limited by explicit legal regulations, in certain properly determined circumstances. The
guarantee and protection of the right to information is a responsibility of authorities, who
should facilitate an individuals access to information, in more and more economic and
social areas, where persons have a proven interest. In this context, it can be seen that a
growing number of legislative acts in specific fields stipulate the obligation to
automatically provide certain information or make it available to persons, thus effectively
achieving the right to information, correlated to the obligation to inform, incumbent not
only on authorities, but on business operators as well, in more and more cases. Information
is important in terms of consumer rights, with a view to both protecting their economic
interests, and defending their individual or collective health and safety. Certain regulations
in terms of consumer rights protection refer to the defence of collective social values and
public interests. The study will deal with how the consumer is protected and informed on
certain acts and facts of trade, that might put him/her in vulnerable situations.
Keywords: right to information, consumer protection, administrative authorities,
electronic trade, obligation to inform.
JEL Classification: K10, K23
1. General considerations
An individual needs information from the most diverse areas, both for social
integration, and for a harmonious development and active participation in
community life. Article 10 of the European Convention on Human Rights2
guarantees the freedom of expression and the right to information and sets the
general framework for their limitation. The consumersrights to information is
integrated in the wider framework of consumer protection, dealing with various
economic fields and commercial markets.
In 2005, the European Commission drew up a notice on consumer protection
in the European Union3 synthesizing ten basic principles of EU legislation: a
consumer may buy what s/he wants, where s/he wants; if an item does not work, it
1 Alina Popescu - Bucharest University of Economic Studies, Romania, avpalina_16@yahoo.com.
2 Article 10 - Freedom of expression 1. "Everyone has the right to freedom of expression. his right
shall include freedom to hold opinions and to receive and impart information and ideas without
interference by public authority and regardless of frontiers (...)
3La protection des consommateurs dans lUnion européennehttp://www.cantal.fr/_fichiers/
voscotes/1406711149_La-protection-des-consommateurs-dans-l-ue.pdf, consulted on 5.04.2018.

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