Abstract

There is no doubt that the use of electronic commerce has become imperative at the present time, leaving no alternative to the use of this technology in trade, whether for goods or services, which are increasingly disseminated and offered through electronic networks. The continuous advancement of technological development has prompted many legislations around the world toward legislative harmonization, with the aim of achieving a common objective, namely, ensuring effective security for electronic commerce. The Jordanian legislator has attached great importance to this type of commerce and accordingly enacted Law No. 15 of 2015 on Electronic Transactions. Accordingly, this study examines the legal obligations arising from electronic commerce contracts and the forms of protection afforded to them under Jordanian law and comparative legal systems. The study adopts the descriptive-analytical approach and the comparative approach. It is divided into three main sections, each consisting of two subsections. The study reached a number of findings, the most significant of which is that the legal basis for the pre-contractual duty to provide information constitutes an independent legal basis, as established by statutory provisions. Several legal provisions impose this duty, some of which are contained in the Civil Code, while others are provided for in special legislation. In light of these findings, the study presents a number of recommendations, the most important of which is the need to strengthen compliance with the pre-contractual duty to provide information and to effectively enforce the Consumer Protection Law, particularly with regard to information-related requirements. This is especially important given the lack of effective application of this legislation, as well as the limited role played by the competent authorities in monitoring markets and protecting consumers.

Keywords

Digital Transformation, Electronic Sale Contracts, Digital Services, Legal Obligations.