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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


  • 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:
  • 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!

Sarah Andrews

Policy Analyst