Protecting the Contractual Autonomy of the Electronic Consumer through the Pre-Contractual Duty of Disclosure and the Right of Withdrawal

Abstract

Consumers often enter into contracts for goods or services for personal use, without intending to profit. However, lacking technical expertise or sufficient knowledge, especially in the electronic environment where direct inspection is impossible, they are exposed to exploitation due to the imbalance of power with professionals. This vulnerability makes it essential to provide legal mechanisms that safeguard the consumer’s rights and ensure fairness in contractual relationships. To protect consumer consent, the law grants rights such as the right to be informed, ensuring decisions are made knowingly, and the right of withdrawal, allowing consumers to retract their contracts within a set period. These safeguards are particularly crucial in online transactions, where persuasive advertising and exaggerated marketing may misrepresent goods or services, leading to hasty decisions, mistakes, and potential regret. Overall, these measures aim to restore balance and protect the integrity of the consumer’s contractual will.