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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

Building User Trust Online

Sarah Andrews

International Conference on the Legal Aspects of an E-Commerce Transaction

The Hague26-27 October 2004


  • 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

Oecd policy frameworks for online trust
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

Consumer protection guidelines 1999
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

Privacy guidelines 1980 1998
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

The security guidelines 1992 2002
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)

Challenges to dispute resolution and redress online
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?

Oecd work on adr
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

Protections for payment cardholders
Protections for Payment Cardholders


  • Widespread use of payment cards on Net

  • Consumer fears about revealing financial info on Net

  • International reach of payment card networks


  • Unauthorised use

  • Non-conforming goods

  • Different types of protections for different types of cards

    OECD Work

  • Public Report (2002)

  • FAQs for payment cardholders (2002)

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

Ongoing work in dispute resolution and redress
Ongoing Work in Dispute Resolution and Redress: Deceptive Commercial Practices Across Borders

  • 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

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

Thank you! Marketplace

Sarah Andrews

Policy Analyst