Legal issues and challenges in online shopping: A comparative analysis of Australia and New Zealand

Abstract

This paper aims to evaluate the adequacy and efficacy of the current statutory regimes, both in Australia and New Zealand, as a means of affording various legal protections to consumers who transact their business affairs online. In this respect, this paper provides an overview of some of the legal issues and related problems involved with online shopping in Australia and New Zealand. The author argues that online consumers are entitled to be afforded the same degree of protection as all other types of consumers. The traditional legal rules may be inadequate to provide consumer protection in the digital environment, as they were created before internet shopping and online commerce were even contemplated. Better enforcement of consumer rights is vital for online shopping but while it is simply too expensive and difficult to enforce existing laws — the rights are, in effect, useless.