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Building User Trust Online

Building User Trust Online. Sarah Andrews International Conference on the Legal Aspects of an E-Commerce Transaction The Hague 26-27 October 2004. OECD. Intergovernmental organisation comprised of 30 Member countries Forum for discussion of economic and social policy

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Building User Trust Online

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  1. Building User Trust Online Sarah Andrews International Conference on the Legal Aspects of an E-Commerce Transaction The Hague26-27 October 2004

  2. OECD • Intergovernmental organisation comprised of 30 Member countries • Forum for discussion of economic and social policy • Legal, technological and policy expertise in consumer protection, privacy protection and security • Committee on Consumer Policy; Working Party on Information Security and Privacy

  3. OECD Policy Frameworks for Online Trust • Ensuring consumer protection • Protecting privacy • Promoting a culture of security • Encouraging effective dispute resolution and redress mechanisms • Facilitating international law enforcementco-operation

  4. Consumer Protection Guidelines (1999) Objective: Ensure that consumers no less protected when shopping online than when buying from their local store or ordering from a catalogue • Core characteristics of effective consumer protection • Fair business, advertising and marketing practices • Online Disclosures • Transparent confirmation process • Security • Privacy Protection • Dispute Resolution and Redress • Education and Awareness

  5. Privacy Guidelines (1980, 1998) • Guidelines on the protection of personal information including in transborder situations • 8 principles for the collection and use of personal data • Flexibility of application: all media; all types of processing; all categories of data • Ministerial Declaration 1998: re-affirmed commitment to ensure privacy on global networks

  6. The Security Guidelines (1992, 2002) • Guidelines for the security of information systems and networks • Coordinated implementation of national policies • Cultural change: “Towards a Culture of Security” • 9 high-level policy and operational principles • Aimed at all “participants” (governments, businesses, civil society, end users)

  7. Challenges to Dispute Resolution and Redress Online Online interactions... • 24 hours a day, 7 days a week • Without regard to geographic borders and local cultures • Challenges legal frameworks... Resorting to courts in cross-border disputes... • Which authority has jurisdiction? • Whose laws apply? • Is the decision enforceable across borders?

  8. OECD Work on ADR Consumers should be provided with meaningful access to fair and timely ADR without undue cost or burden • OECD-ICC- HCOPIL Conference on ADR 2000 • Report on Legal Situation in OECD countries • Educational Instrument • Inventory of ADR providers • ADR for SMEs

  9. econsumer.gov

  10. econsumer.gov

  11. Protections for Payment Cardholders Background • Widespread use of payment cards on Net • Consumer fears about revealing financial info on Net • International reach of payment card networks Issues • Unauthorised use • Non-conforming goods • Different types of protections for different types of cards OECD Work • Public Report (2002) • FAQs for payment cardholders (2002)

  12. OECD Guidelines for Protecting Consumers from Fraudulent and Deceptive Commercial Practices Across Borders (2003) • Domestic frameworks • Principles for international co-operation • Notification, information sharing, investigativeassistance, and confidentiality • Jurisdiction to protect foreign consumers • Monetary remedies • Private sector co-operation

  13. Ongoing Work in Dispute Resolution and Redress: • Member Country Survey, Summer 2004 • Mechanisms for Consumer Dispute Resolution and Redress • Payment cardholder protections • Alternative dispute resolution • Small claims courts • Class action lawsuits • Legal Actions by consumer associations • Government-obtained redress • Enhancing systems for cross-border redress • Information sharing • Orders to freeze and repatriate assets • Recognition and enforcement of foreign monetary judgments

  14. Consumer Dispute Resolution and Redress in the Global Marketplace Public Workshop Washington DC, April 2005 • Approaches to dispute resolution and redress • Advantages and disadvantages of approaches • Cross-border context • Developments in the area of ADR • Role of consumer protection enforcement agencies

  15. Thank you! Sarah Andrews Policy Analyst OECD consumerDOTpolicyAToecdDOTorg www.oecd.org/sti/consumer-policy

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