A Comparative Analysis of Data Protection in E-commerce B2C Contracts in Georgia and the European Union
Nato Gugava
Sulkhan-Saba Orbeliani University , Georgiahttps://orcid.org/0009-0001-8191-6170
Lika Kobaladze
Sulkhan-Saba Orbeliani University , Georgiahttps://orcid.org/0000-0003-1800-8185
Tamta Kenia
Sulkhan-Saba Orbeliani University , Georgiahttps://orcid.org/0000-0003-0226-0247
Oliko Kobakhidze
Sulkhan-Saba Orbeliani University , Georgiahttps://orcid.org/0000-0003-2012-2286
Abstract
Development of technologies is a great human achievement. Online portals, mobile applications and digital platforms allow citizens to receive servicies remotely, which, on the one hand, reduces necessity of on-site visits and bureauctratic procedures, however, on the other hand, increases the risk of personal data disclosure processed in such manner. Digital tools play significant role in the process of E-commerce, especially in improving efficiency and accessibility of communication between the consumer and the trader. A lot of people communicate with the extensive use of the internet and technologies, including e-procurement, which, in these relationships require the correct processing of personal data, whereas improper protection of great deal of information increases risks of using data for criminal purposes and threatens personal privacy of consumers. Hence, it is important that organizations providing the internet services, especially those involved in e-commerce business, be well aware of obligations they are imposed by law. It is worth noting, that Law of Georgia “On Personal Data Protection” was adopted by Georgia in 2011, and its renewed version is quite similar to General Data Protection Regulation of Europe (DGPR) – which was adopted on June 14, 2023 and will enter into force on March 1, 2024. Within changes, the existed standard for personal data processing/protection will be substantially improved. As for protecting personal data processed on the basis of the B2C contracts concluded in the process of E-commerce, the interest regarding these topics increased after spread of coronavirus (Covid-19), when country faced new challenges. This issue is relevant even in the present time, since staying current with technological and legal development, renewed legal regulation and Association Agreement between the European Union and Georgia, imposes additional obligations on the country in the process of perfecting the mentioned field. Accordingly, this article will discuss compliance of regulatory framework of processing/protection of Georgian consumers’ personal data in the online contracts with international standards and existing challenges, to assume obligations of the country under the Association Agreement between Georgia and the European Union to implement E-commerce in practice, best practices of European countries in this regard and the perspective, which Georgia should implement in E-commerce process, in order to insure effective protection of consumers’ data security.
It is worth noting, that Law of Georgia “On Personal Data Protection” was adopted in 2011 by Georgia, and its renewed version is quite similar to General Data Protection Regulation of Europe (DGPR) – which was adopted on June 14th, 2023 and will enter into force on March 1, 2024. Within changes, the existed standard for personal data processing/protection will be substantially improved. As for protecting personal data processed on the basis of the B2C contracts concluded in the process of E-commerce, the interest regarding these topics increased after spread of Corona Virus (“Covid-19”), when country faced new challenges. This issue is relevant even in the present time, since staying current with technological and legal development, renewed legal regulation and Association Agreement between the European Union and Georgia, imposes additional obligations on the country in the process of perfecting the mentioned field.
Accordingly, this article will discuss compliance of regulatory framework of processing/protection of Georgian consumers’ personal data in the online contracts with international standards and existing challenges, to assume obligations of the country under the Association Agreement between Georgia and the European Union to implement E-commerce in practice, best practices of European countries in this regard and the perspective, which Georgia should implement in E-commerce process, in order to insure effective protection of consumers’ data security.
Keywords:
E-commerce, Personal data protection, Digital consumers rights, B2C Contracts, Legal protection of e-commerce, Consumers data security, Regulatory framework, Institutional oversightReferences
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