Consumer Trust in the Digital Environment
| Autor | David López Jiménez, Eduardo Carlos Dittmar, Jenny Patricia Vargas Portillo |
| Cargo | Full Professor. EAE Business School, Madrid, Spain. Address: C. Joaquín Costa 41, 28002 Madrid, Spain. E-mail: dlopez@eae.es. / Associate Dean. EAE Business School, Madrid, Spain. Address: C. Joaquín Costa 41, 28002 Madrid, Spain. E-mail: ecdittmar@eae.es. / Assistant Professor. ESIC Business & Marketing School. Address: Av. Valdenigrales, 2822... |
| Páginas | 113-138 |
Consumer Trust in the Digital Environment: Dispute Prevention ... (p. 113 - 138) 113
JIMÉNEZ, D. L; DITTMAR, E. C; PORTILLO, J. P. V.
Consumer Trust in the Di gital Environment: Dispute
Prevention and Alternative Dispute Resolution
.
The Law, State and Telecommunications Review
, v. 14,
no. 1, p. 113 - 138, May 2022.
Consumer Trust in the Digital Environment:
Dispute Prevention and Alternative Dispute
Resolution
Submitted
: 3 May 2 021
David López Jiménez*
https://orcid.org/0000-0002-7013-9556
Eduardo Carlos Dittmar**
https://orcid.org/0000-0002-8087-2444
Jenny Patricia Vargas Portillo***
https://orcid.org/0000-0002-0226-3053
DOI: https://doi.org/10.26512/lstr.v14i1.37820
Revised
: 5 Octob er 2021
Accepted
: 6 Dece mber 2021
Article submitted to peer blind rev iew
Licensed under a Creative Common s Attribution 4.0 International
Abstract
[Purpose]
The objective of this paper is to study alternative dispute resolution mechanisms
in both the electronic contra cting of goods and /or services and i nteractive advertising.
[Methodology/A pproach/Design]
The Spanish and European regulations will be analyzed
in t erms of regulation and self -regulation mechanisms. Self-regulation instruments are a
suitable complement to current legal regulations.
[Findings]
Although disputes that may arise between con sumers and businesses can be
settled in court, the cir cumstances of c ases inv olving e-commerce and interactive
advertising may determine that the use of out-of-court instruments is appropriate. In this
sense, self-regulation systems promote conflict prevention. In the event that it arises, it is
about reaching a faster resolu tion than the courts of justice, cheaper and carried out by
specialists in the matter.
[Practical Implications]
The implications of this investigation may be applicable to
transactio ns of goods and ser vices in general, to civil society and to the public sector .
[Originality]
This investigation demonstrates the conven ience and significance of
considering out-of-court dispute resolution mechanisms over conventional means, both in
Spain and in the European Un ion. The self-regulation instruments are based on a Code of
Conduct and an impartia l and independent contro l body that applies it. Normally, codes of
conduct are based on the application of d ifferent instruments for extrajudicial conflict
resolution.
Keywords
: Self-Regulation. e-Commerce. Conflicts. Alternative Dispute Resolution.
*
Full Professor. EAE Busine ss School, Madrid, Spain. E-mai l: dlopez@eae.es.
**
Associate Dean. EAE Business School, Madrid, Spain. E-mail: ecdittmar@eae.es.
***
Assistant Professor. ESIC University; ESIC Business & Marketing School, Pozuelo de
Alarcón, Spain. E-mail: jennypatricia.vargas@esic.edu.
114
Consumer Trust in the Digital Environment: Dispute Prevention ... (p. 113 - 138)
JIMÉNEZ, D. L; DITTMAR, E. C; PORTILLO, J. P. V.
Consumer Trust in the Di gital Environment: Dispute
Prevention and Alternative Dispute Resoluti on
.
The Law, State and Telecommunications Review
, v. 14,
no. 1, p. 113 - 138, May 2022.
INTRODUCTION
Since the dawn of humanity, conflicts between men and women have always
been present. The purpose of the law is to resolve these disputes (LUNA
SERRANO, 2001), providing the subjects involved in them with adequate means
of resolution (VIOLA DEMESTRE, 2003). Accordingly , as doctrin e states
(DÍEZ-PICAZO & PONCE D E LEÓN, 1957), the science of law is a science of
resolving disputes. A dispute is a pathological legal phenomenon, and law is the
science or art of remedying disputes.
In recent times, the resolution of intersubjective conflicts seemed to be
primarily the domain of the courts and tribunals of the state. Nonetheless, the state
itself recognizes alternative channels to the courts, which should be interpreted as
means of resolving disputes based on the freedom of the individual and on the
possibility of the individual themselves choosingamong the different options
availablehow to satisfy their own interests and needs.
As a co nsequence of electronic contracting and interactive advertising, as in
the case of commercial transactions that take place in the physical world,
numerous dispu tes may arise between consumers or users and businesses
(KATSH & RIFKIN, 2001; KAUFMANN-KOHLER & SCHULTZ, 2004;
HÖRNLE, 2019). Such disagreements could be resolved through a variety of
means, most no tably in court (DE MIGUEL ASENSIO, 2008) and out of court,
the latter involving negotiation instruments established by the company itself, one
of the most paradigmatic examples of which is customer service.
Out-of-court dispute resolution mec hanismshereinafter MERCs, for its
initials in Spanishare, in contrast to the courts, the most appropriate
mechanisms for settling disputes arising in matters of private law and particularly
in matters relating to e-commerce. Noneth eless, we must move forward from the
-of-court dispute resolution instruments to the reality of their
practice; we can agree that they are not a panacea, although the overall assessment
is positive.
The best way to avoid a conflict is p revention. Although it may seem to be a
minor and superfluous issue, this is not the case. It is useful for information society
service providers to respect not only the prevailing legislation in their commercial
practices but also, in a complementary manner, certain quality criteriawhich
will be enforceable in the contract, if any, to be concludedthat improve, in a
more or less relevant way, the legal regulations. It is particularly beneficial for the
consumer when the verification of compliance with those ruleslegal and
contractualis carried out by an impartial third party, such as the supervisory
bodies of the self-regulation systems in the area of e- commerce, i.e., the MERC
Para continuar a ler
PEÇA SUA AVALIAÇÃO