CEU eTD Collection (2017); Edlina, Yuliya Romanovna: Law and practice of consumer protection online in the European Union, the United States and Kazakhstan: comparative analysis and case studies

CEU Electronic Theses and Dissertations, 2017
Author Edlina, Yuliya Romanovna
Title Law and practice of consumer protection online in the European Union, the United States and Kazakhstan: comparative analysis and case studies
Summary Unprecedented expansion of international online sales in the recent years essentially led to the evolution of consumer protection rules. While it became obvious for every state that online market opportunities bring new risks, the extent and the means of consumer protection have been developing based on country-specific legal background. As a result, consumers using the same website may enjoy different legal rights, depending on their place of residence. The EU, generally providing a harmonized regulatory approach to consumer protection kept up the high level of consumer care in online dealings. The U.S. following business oriented approach and lacking uniform legal regulation failed to employ certain protective mechanisms used in the EU at the legislation level. Kazakhstan borrowed the best from both systems, however, the effective enforcement of consumer rights (effective and affordable court system, ADR) is missing there. These differences could not have been unknown to the businesses, and created perfect environment for discrimination between the more and less protected consumers.
The question of this research is whether given the different level of consumer protection for online-shoppers there is a trend to discriminate less protected consumers, or rather a common tendency towards the top of the protection level?
The research compares legal requirements to online sales in the EU, U.S. and Kazakhstan to determine the level of consumer protection. Comparative analysis is followed by a case study of several online sellers, which reveals the influence of the varying levels of consumer protection on the sales policies of the major sellers.
Supervisor Sganga, Caterina
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2017/edlina_yuliya.pdf

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