The Impact of EU Unfair Contract Terms Law on U.S. Business-to-Consumer Internet Merchants

摘要

U.S. Internet businesses that target consumers in Europe need to be aware that standard form contracts that work well in the U.S. may be unenforceable in the EU. Managers of U.S. Internet businesses need to recognize the enormity of the changes that may be required in their business processes and technology before their sites have been fully "localized" for European market conditions. AOL's French subsidiary tried unsuccessfully to minimize the number of changes it made to localize its business model and found that its terms of service with French consumers were nearly all unenforceable because they were unfair. Subsequently Dell's subsidiary in the UK also fell afoul of the laws against unfair consumer contract terms. These and other cases dealing with EU unfair contract terms law show the lack of enthusiasm among some of the U.S.'s major trading partners for the U.S. market-oriented approach to consumer protection law. The EU approach to B2C transactions reflects a continued commitment to strong regulatory oversight of Internet consumer markets.