Consumer Protection In Digital Trade: A Critical Analysis

Aishwarya Suresh, Asst. Professor, Dr. Ram Manohar Lohia College of Law, 1&2 Bannerghatta Main Road, Jyothi Nagar, Bohra Layout, Gottigere, Bengaluru, Karnataka

ABSTRACT

In the rapidly evolving landscape of e-commerce, the protection of consumer rights and data privacy emerges as a paramount concern. This paper critically examines the multifaceted challenges consumers face in digital trade, including issues related to data protection, counterfeit products, fake reviews, and unfair trade practices within the Indian legal framework.

Despite significant strides in legislation and regulation, such as the Consumer Protection Act, 20191, and the Information Technology Act, 20002, gaps remain in addressing the complexities of the digital marketplace. Through an analytical lens, this study delves into prevailing laws, highlighting their achievements and limitations in safeguarding consumer interests against the backdrop of technological advancements and changing consumer behaviors.

Moreover, it presents an overview of landmark case laws that have shaped the interpretation and enforcement of consumer protection norms in both Indian and international jurisdictions. Recognizing the inadequacy of existing legal mechanisms to address the nuances of digital commerce fully, this paper proposes a set of suggestive measures aimed at enhancing consumer protection. These include harmonizing laws, strengthening enforcement and redressal mechanisms, promoting fair trade practices, and fostering innovation and consumer-centric policies.

By advocating for a holistic approach encompassing legislative reform, regulatory oversight, and consumer education, the paper underscores the imperative for a robust and adaptive legal framework that ensures consumer rights are upheld in the digital era. This analysis serves as a call to action for policymakers, legal practitioners, and stakeholders to fortify the foundations of consumer protection in digital trade, paving the way for a more secure, transparent, and equitable digital marketplace.

Keywords: E-commerce, Consumer Protection, Data Privacy, and Digital Trade.