Revista de Direito, Estado e Telecomunicações (May 2022)

Consumer Trust in the Digital Environment

  • David López Jiménez,
  • Eduardo Carlos Dittmar,
  • Jenny Patricia Vargas Portillo

DOI
https://doi.org/10.26512/lstr.v14i1.37820
Journal volume & issue
Vol. 14, no. 1
pp. 113 – 138

Abstract

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[Purpose] The objective of this paper is to study alternative dispute resolution mechanisms in both the electronic contracting of goods and/or services and interactive advertising. [Methodology/Approach/Design] The Spanish and European regulations will be analyzed in terms of regulation and self-regulation mechanisms. Self-regulation instruments are a suitable complement to current legal regulations. [Findings] Although disputes that may arise between consumers and businesses can be settled in court, the circumstances of cases involving e-commerce and interactive advertising may determine that the use of out-of-court instruments is appropriate. In this sense, self-regulation systems promote conflict prevention. In the event that it arises, it is about reaching a faster resolution than the courts of justice, cheaper and carried out by specialists in the matter. [Practical Implications] The implications of this investigation may be applicable to transactions of goods and services in general, to civil society and to the public sector. [Originality] This investigation demonstrates the convenience and significance of considering out-of-court dispute resolution mechanisms over conventional means, both in Spain and in the European Union. The self-regulation instruments are based on a Code of Conduct and an impartial and independent control body that applies it. Normally, codes of conduct are based on the application of different instruments for extrajudicial conflict resolution.

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