CONSUMER PROTECTION REGARDING PRE-CONTRACTUAL INFORMATION ON E-COMMERCE

Abstract

In selling, the asymmetry of information between traders and consumers is one of the most common problems. It refers to goods or service that take place in trading where one party, traders, normally having more information than another party, consumers. It shows inequality between both parties which is usually considered as a reason for controlling transactions. In addition, the information for the consumer is questioned due to the fact that the nature of e-commerce transaction is the absence of face-to-face interaction between traders and consumers so the consumers have no opportunity to examine or test the goods or service or to know the information related to traders before they involve with any transaction.

Moreover, as the absence of physical interaction, consumer may face with various problems while making purchase electronically due to the contract making process become longer and more complex. Accordingly, the time before the conclusion of a contract is very important as it enable the potential consumers to truly acknowledge and understand the object of contract details and their rights in order to make an informed consent before dealing with e-commerce transaction.

                        Considering from the current Thai laws, consumers who purchase goods or service over the internet shall have the right to be informed some information depending on the trader’s discretion according to the lack of proper control by law. Hence, in order to know and realize the possible solutions for Thai laws, the study of foreign laws is very crucial. This article provides an overview of pre-contractual information on e-commerce under European Union Laws and the United Kingdom laws as they have specific provisions in controlling trader’s duty in providing pre-contractual information on e-commerce before the consumer is bound by the contract. Hence, this article will analyze the legal measures for controlling trader on the stated issue and propose the appropriate solutions for Thai laws.