Adhesion in E-commerce Contracts and its Impact on Consumer Protection in Algerian Law

Abstract

The qualification of e-commerce contracts as adhesion contracts may seem unfair to the e-consumer who does not have the possibility to negotiate a ‘take it or leave it’ contract. However, the nature of the relationship between the consumer and the professional, particularly in the digital space, may lead the Algerian legislator to adapt the qualification of adhesion contracts to e-commerce contracts. The e-consumer will then be able to benefit from the protection intended for the adhering party in general rules in addition to the e-consumer legal protection system. Especially since qualifying e-commerce contracts as negotiable is a bet on the interests of a consumer inable to discuss the terms of the contract, whether from a cognitive or economic point of view