Abstract

Purpose – Electronic commerce or e-commerce constitutes a commercial activity on the rise. Although it has many advantages, there are several lingering factors that prevent its consolidation, such as the lack of trust of the potential consumer/user. In order to overcome that obstacle, instruments of self-regulation were created in the field of advertising. Firms that wish to distinguish themselves favorably against their competitors have the option of adopting those instruments, which play a praiseworthy role regarding the target audience and constitutes a considerable improvement of consumer rights. However, on occasions, problems arise in the market when those systems of self-regulation bind third parties that did not voluntarily enter into a contract. This paper tackles the question of if self-regulation of advertising in the net can be put in place should it affects the honor of the third party not committed with the fair-practices document.
 Methodology/approach/design – In this article, we will refer to the particularities that arise from a case concerning the Chilean Law no. 20,168, of 2007, on unfair competition and self-regulation of advertising in the Internet pertaining WOM, Movistar, Entel, Claro and Virgin.
 Findings – The Chilean Law no. 20,168, of 2007 contributes to the goal of discouraging conduct contrary to good faith or good practices in advertising in conjunction with codes of conduct that have been approved in the field related to the systems of self-regulation.

Highlights

  • In the past few years we have been experiencing a paradigm shift of the traditional consumer/user model

  • In order to act managers have differentiated themselves from their competitors through a system of self-regulation, which consists of a code of conduct and a control organism in charge of verifying its fulfillment

  • It turns out to be more frequent for them to manifest their commitment with a system of self-regulation that will allow them attaining a favorable differentiation from their competitors

Read more

Summary

Introduction

In the past few years we have been experiencing a paradigm shift of the traditional consumer/user model. Internet users manifest distrust in the commercial communications received. In order to act managers have differentiated themselves from their competitors through a system of self-regulation, which consists of a code of conduct and a control organism in charge of verifying its fulfillment. Their adhesion to such an instrument will involve certain obligations for the supplier, with certain advantages for the intended audience of the publicity carried out in cyberspace. We will allude to the problem of digital advertising in electronic commerce alongside with contractual activities through digital channels. It should be noted that, in this case, we are dealing with a decision against non-committed third parties

Self-regulation of E-commerce
Conceptual delimitation
Guarantees
Parties involved in the claims in the system of self-regulation
Complaints against companies voluntarily committed to the system
Complaints against non-affiliated third parties
Conclusion
Full Text
Published version (Free)

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call