Building User Trust Online Sarah Andrews International Conference on the Legal Aspects of an E-Commerce Transaction The Hague October 2004

OECD r Intergovernmental organisation comprised of 30 Member countries r Forum for discussion of economic and social policy r Legal, technological and policy expertise in consumer protection, privacy protection and security r Committee on Consumer Policy; Working Party on Information Security and Privacy

OECD Policy Frameworks for Online Trust r Ensuring consumer protection r Protecting privacy r Promoting a culture of security r Encouraging effective dispute resolution and redress mechanisms r Facilitating international law enforcement co- operation

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 r Core characteristics of effective consumer protection l Fair business, advertising and marketing practices l Online Disclosures l Transparent confirmation process l Security l Privacy Protection l Dispute Resolution and Redress l Education and Awareness

Privacy Guidelines (1980, 1998) r Guidelines on the protection of personal information including in transborder situations r 8 principles for the collection and use of personal data r Flexibility of application: all media; all types of processing; all categories of data r Ministerial Declaration 1998: re-affirmed commitment to ensure privacy on global networks

The Security Guidelines (1992, 2002) r Guidelines for the security of information systems and networks r Coordinated implementation of national policies r Cultural change: “Towards a Culture of Security” r 9 high-level policy and operational principles r Aimed at all “participants” (governments, businesses, civil society, end users)

Challenges to Dispute Resolution and Redress Online Online interactions... r 24 hours a day, 7 days a week r Without regard to geographic borders and local cultures r Challenges legal frameworks... Resorting to courts in cross-border disputes... r Which authority has jurisdiction? r Whose laws apply? r Is the decision enforceable across borders?

OECD Work on ADR Consumers should be provided with meaningful access to fair and timely ADR without undue cost or burden r OECD-ICC- HCOPIL Conference on ADR 2000 r Report on Legal Situation in OECD countries r Educational Instrument r Inventory of ADR providers r ADR for SMEs

econsumer.gov

Protections for Payment Cardholders Background r Widespread use of payment cards on Net r Consumer fears about revealing financial info on Net r International reach of payment card networks Issues r Unauthorised use r Non-conforming goods r Different types of protections for different types of cards OECD Work r Public Report (2002) r FAQs for payment cardholders (2002)

OECD Guidelines for Protecting Consumers from Fraudulent and Deceptive Commercial Practices Across Borders (2003) r Domestic frameworks r Principles for international co-operation r Notification, information sharing, investigative assistance, and confidentiality r Jurisdiction to protect foreign consumers r Monetary remedies r Private sector co-operation

Ongoing Work in Dispute Resolution and Redress: r Member Country Survey, Summer 2004 r Mechanisms for Consumer Dispute Resolution and Redress l Payment cardholder protections l Alternative dispute resolution l Small claims courts l Class action lawsuits l Legal Actions by consumer associations l Government-obtained redress r Enhancing systems for cross-border redress l Information sharing l Orders to freeze and repatriate assets l Recognition and enforcement of foreign monetary judgments

Consumer Dispute Resolution and Redress in the Global Marketplace Public Workshop Washington DC, April 2005 r Approaches to dispute resolution and redress r Advantages and disadvantages of approaches r Cross-border context r Developments in the area of ADR r Role of consumer protection enforcement agencies

Thank you! Sarah Andrews Policy Analyst OECD consumer DOT policy AT oecd DOT org