Влияние на UNCITRAL върху законодателството на ЕС за защита на потребителите в електронната търговия
Автор: Даниел Данов
UNCITRAL Influence on EU Consumer Protection Legislation in E-Commerce
Daniel Danov
Резюме
The rapid development of electronic commerce needs adequate and modern legal regulation to protect consumers, ensure sound commercial practices, and safeguard consumer rights. This article analyses how the instruments of the United Nations Commission on International Trade Law (UNCITRAL) influence consumer protection legislation in the European Union. It places particular emphasis on the Model Law on Electronic Commerce and examines its scope of application in relation to all types of information in the form of data messages used in the conduct of commercial activities in an electronic environment. Through a comparative legal analysis, the article explores how the legal principles incorporated in UNCITRAL soft law instruments affect EU hard law. Finally, it assesses the extent to which Member States have integrated flexible law into their national legal systems. The conclusions highlight the impact and implications of soft law instruments for traditional EU hard law and for the legal orders of the Member States, as well as the prospects for interaction between flexible law and traditional hard law, even beyond the context of electronic commerce and consumer protection.