Comparative Analysis of Consumer Protection in Electronic Sales Contracts; A Comparative Study of Iranian Law and European Union Law

The expansion of electronic commerce and the increasing growth of sales contracts in the digital space have exposed consumers to new vulnerabilities rooted in the inherent nature of the virtual environment, including information asymmetry, inability to physically inspect goods, ambiguity regarding the identity of the counterparty, and difficulty in enforcing rights in the digital sphere. These realities reveal the necessity of an efficient legal framework for the protection of the electronic consumer. The main issue of the present research is to determine to what extent the Iranian legal system, in comparison with the European Union, protects the consumer in electronic sales contracts, where the existing gaps are, and what solutions can be offered to address these deficiencies. This research has been conducted using a descriptive-analytical method and drawing upon library resources, legal documents, and judicial practice. The research findings indicate that although both systems recognize the principle of consumer protection and have provided similar instruments such as pre-contractual information obligations, the right of withdrawal, and the control of unfair terms, the depth, scope, and effectiveness of these instruments differ significantly. The Iranian legal system has performed relatively acceptably at the level of declaring rights, but suffers from serious weakness at the level of ensuring the enforcement of these rights. Three fundamental gaps the absence of a comprehensive personal data protection law, the lack of regulations governing the liability of intermediary platforms, and the absence of an efficient online dispute resolution mechanism constitute the most important weaknesses of the Iranian legal system in comparison with EU standards. Addressing these gaps through the enactment of a personal data protection law, updating the Electronic Commerce Law with a focus on strengthening enforcement guarantees, and establishing an online dispute resolution mechanism are proposed as legislative reform priorities.

کلیدواژه ها:

Electronic Sales ، Consumer Protection ، right of withdrawal ، Information Obligation ، Personal data protection ، Comparative Law