How Safe are Consumers Online?

 

The growth of the Internet has forced governments and businesses to rethink the rules governing consumer protection. Existing legislation must be adapted to combat these grim Internet realities:

 

• Security breaches are eroding consumer trust in e-commerce.
• Online scams and schemes targeting consumers continue to proliferate.
• Identity theft affects close to a million Canadians per year.

Consumer Protection Online is the first book to collect and review ALL of Canada’s legislation protecting both buyers and sellers in online environments, as of April 2006. Author Michael Deturbide indicates critical gaps in Canada’s laws and draws on legislation from the United States and the European Union to recommend urgently needed reforms.

 

Answers to Your Questions on Key Topics

 

Electronic Contracts

• What elements must be present to constitute an electronic contract?
• What types of clauses may be deemed unconscionable in the “fine print” of an electronic contract?
• Are browse-wrap agreements as enforceable as click-wrap agreements?

Consumer Protection Legislation

• How can you apply the Internet Sales Contract Harmonization Template in your jurisdiction?
• Under what circumstances may a customer cancel an online order?
• When is a customer entitled to receive a refund or a credit card charge-back?
• Which jurisdiction’s laws apply in cases of offshore buying and selling?

Security of Personal Information

• What reforms are needed to protect consumers from identity theft, spam, and phishing?
• What potential liabilities do businesses face if customers’ personal information is not kept secure?
• What remedies are available for fraudulent use of personal information obtained online?
• Do privacy and security “seals” genuinely indicate secure online transactions?

Spyware and Malware

• Which sections of the Criminal Code can be used to prosecute intentional infection of computers with spyware and malware?
• What other legislation is applicable to malicious software?
• What legislative reforms can address spyware and malware?

Special Feature – Provincial Table of Concordance

 

This comprehensive table cuts down on your research time by showing how the Internet Sales Contract Harmonization Template overlaps with provincial Acts from:

• British Columbia
• Alberta
• Manitoba
• Ontario
• Quebec
• Nova Scotia