Consumer Law Compliance - A Governance Issue for Open and User Innovation

Consumer Law Compliance - A Governance Issue for Open and User Innovation PDF

Author: Clemens Appl

Publisher:

Published: 2013

Total Pages: 0

ISBN-13:

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Since nowadays a significant number of consumers are involved in the innovation process, some crucial legal issues are arising from consumer law. Even a “pro-sumer”, who appears to be a paradigmatic player in the innovation process, is usually not “professional” in a way that precludes him from mandatory consumer protection. According to European consumer law, any natural person who is acting for purposes which are outside his trade, business, craft or profession should be deemed to be a “consumer”. In contrast anyone else who is acting for those purposes should be considered as a “trader”. So in the majority of cases the legal entity who runs an open and user innovation platform is a “trader”, while most of its members are consumers. Against this background this paper examines specific consumer law issues of open and user innovation. As open and user innovation is a multinational and cross-cultural phenomenon it is not limited to specific national jurisdiction. Hence, open innovation communities usually create their own set of social norms and legal rules governing access, membership and policy issues. In the light of European consumer law these communities run the risk of a (legally) void set of rules, because of a deficient level of consumer protection. Thus, the compliance with consumer law is not only a matter of good practice; in fact it is essential for the prosperity of innovation communities. This (working) paper is based on comparative and doctrinal legal research involving economic and management research on open and user innovation. It deals with different paradigms of consumer protection in EC law with special regard to open and user innovation. The main issue addressed in this paper is the influence of mandatory provisions regarding the competent jurisdiction, applicable law and consumer protection on the governance of open innovation communities. Preliminary findings show that there is need to encourage the implementation of a consumer law compliance system especially by open innovation communities to identify, correct and prevent breaches of the law.

Consumer Law Compliance

Consumer Law Compliance PDF

Author: Sarah-lynn Tennant

Publisher:

Published: 2016

Total Pages: 322

ISBN-13: 9781485108221

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The National Credit Act, the Consumer Protection Act and the Protection of Personal Information Act are three key pieces of consumer legislation aimed at suppliers, credit providers and responsible persons. Consumer Law Compliance: The National Credit Act, the Consumer Protection Act and the Protection of Personal Information Act brings the reader an accessible and invaluable aid to understanding these laws in order to ensure compliance and mitigate risk. The book features expert commentary and checklists, and where applicable, prescribed forms. It is written in friendly, plain English, and its focus is on consumer protection, fairness and justice for all.

Enforcement and Effectiveness of Consumer Law

Enforcement and Effectiveness of Consumer Law PDF

Author: Hans-W. Micklitz

Publisher: Springer

Published: 2018-07-06

Total Pages: 717

ISBN-13: 3319784315

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The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details. The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.

Consumer Law Unlocked

Consumer Law Unlocked PDF

Author: Elizabeth de Stadler

Publisher: Siber Ink

Published: 2013-08-16

Total Pages: 203

ISBN-13: 1920025529

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The recent introduction of the Consumer Protection Act revolutionised consumer rights in South Africa. It also fundamentally altered the way in which businesses are required to treat their clients, imposing a new set of obligations - or at least a formalised set of responsibilities - that had been easily circumnavigated or simply ignored before. Marketing campaigns, returns policies, terms and conditions, quality issues, and a host of business practices had to be reviewed and reappraised. Some businesses have done this, while many blithely continue as if nothing has changed, little appreciating the risks of non-compliance and - perhaps more importantly - failing to appreciate that treating consumers fairly is simply a sound business practice. This new work provides a comprehensive overview of consumer law - not just the Act - in a way that follows the typical structure of consumer transactions. It serves to guide, educate and enlighten the professional, the business person and the consumer alike. No business or professional adviser should be without it. Written by a leading specialist in the field, it is simple, clear, comprehensive, authoritative and accessible.

Compliance with European Consumer Law

Compliance with European Consumer Law PDF

Author: Felix Pflücke

Publisher: Oxford University Press

Published: 2024-08-22

Total Pages: 252

ISBN-13: 0198906390

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European Consumer Law has adapted and evolved in response to the rapid growth of e-commerce in the last two decades. Compliance with European Consumer Law: The Case of E-Commerce examines the evolving legal framework at the EU and national levels - from mandatory disclosures to unfair contract terms - and analyses the extent to which scientifically grounded evidence or theories underpin these legislative choices. At the heart of the book lies an original, data-driven inquiry assessing compliance among e-commerce traders with consumer protection rules. The empirical analysis investigates whether 300 traders from four jurisdictions (France, Germany, the Netherlands, and the United Kingdom) comply with their legal duties and identifies reasons for non-compliance. It translates the evidence of previously undiscovered non-compliance patterns into targeted and actionable policy recommendations, presenting a significant new interpretation of the regulatory landscape. Compliance with European Consumer Law offers a unique, analytical perspective and contributes to a deeper understanding of e-commerce regulation. Innovative and engaging, this book advocates for a more evidence-driven approach within European Consumer Law aimed at strengthening the effectiveness of the rules and fostering trader compliance.

United States Code

United States Code PDF

Author: United States

Publisher:

Published: 2013

Total Pages: 1506

ISBN-13:

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"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

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