E-commerce regulation and trader compliance: a comparative and empirical inquiry

This thesis examines both the European Union and national rules governing e-commerce consumer transactions, and empirically investigates whether 300 traders from four countries (France, Germany, the Netherlands, and the United Kingdom) comply with these rules. By examining whether traders actually comply with their legal obligations, the thesis seeks to understand how consumer rules work in practice and determine factors of compliance. The thesis first maps the legal obligations of e-commerce traders under the national rules implementing the Unfair Contact Terms Directive, E-Commerce Directive, and Consumer Rights Directive. The second part investigates whether the 300 simulated e- commerce transactions comply with the 35 selected legal obligations (10,500 assessments). The ambition of the thesis is to define and measure the levels of compliance and to test four hypotheses: (H1) traders do not comply in full with their legal obligations; (H2) large traders are more likely to be compliant compared to SMEs; (H3) traders that are older are more likely to be compliant compared to companies that were incorporated more recently; (H4) traders that base their terms and conditions on pre-drafted standard contract terms are more likely to be in compliance with the selected legal obligations. Based upon the findings, the thesis offers targeted and actionable policy recommendations, in an attempt to promote an evidence based approach to regulating consumer contracts