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This article seeks to take a critical look at the proposed Common European Sales Law (CESL).
Abstract
Purpose
This article seeks to take a critical look at the proposed Common European Sales Law (CESL).
Design/methodology/approach
The article looks at the rationales given to support the enactment of the CESL. The approach is critical in nature seeking to vet the plausibility of the rationales given for a new regulation The article also takes a critical look at the CESL's structure and trilogy of coverage – sale of goods, supply of digital content, and supply of services.
Findings
The article exposes some of the shortcomings of the CESL and the dangers to substantive private law of crafting a regulation based on political feasibility.
Research limitations/implications
The CESL as proposed offers some innovative ideas in areas of the bifurcation of businesses into large and small to medium‐sized enterprises (SMEs), as well as rules covering digital content and the supply of trade‐related services. In the end, the analysis suggests a more thorough review is needed to better understand the CESL's interrelationship with the Convention on Contracts for the International Sales Law (CISG) and EU consumer protection law.
Practical implications
Further analysis is needed and unanswered questions need to be answered prior to the enactment of the CESL into law. A practical first step would to begin with a more targeted law focused on internet trading and licensing contracts.
Originality/value
This article questions the rationales given for the enactment of an ambitious new regulation covering disparate areas of sale of goods, supplying (licensing) of digital content, trade‐related services, and consumer protection. It further questions the rationality and practicality of the creation of the designation of SMEs as types of businesses in need of extra protections not currently provided by contract law's general policing doctrines.
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Rafael Illescas Ortiz and Pilar Perales Viscasillas
This article aims to take a critical look at the proposed Common European Sales Law (CESL) and its field of application.
Abstract
Purpose
This article aims to take a critical look at the proposed Common European Sales Law (CESL) and its field of application.
Design/methodology/approach
The article provides a comparative analysis of the scope of application of CESL with that of the Convention on Contracts for the International Sales of Goods (CISG). The approach is critical in nature in that it questions the regulation of business‐to‐business (B2B) transactions under CESL. It also takes a critical look at the CESL and its coverage of three areas of contracting – sale of goods, supply of digital content, and supply of services.
Findings
The article exposes some of the shortcomings of the CESL in relation to its field of application.
Research limitations/implications
The CESL as proposed offers an optional regulation that complicates the law of transborder sales within the European Union (EU) and between EU member states and non‐EU states. The article recommends that CESL not extend its coverage to B2B transactions and leave transborder commercial transactions to the CISG. The article also suggests other changes to improve the CESL.
Practical implications
Further analysis is needed and more defined rules should be considered before CESL is enacted into law.
Originality/value
This article questions the wide scope of application of CESL. It further questions the rationality and practicality of the CESL's coverage of B2B transactions.
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Keywords
- Common European Sales Law (CESL)
- Convention on Contracts for the International Sale of Goods (CISG)
- European Union cross‐borders sales
- Internet trading
- Consumer protection
- Opt‐in instruments
- EU Acquis
- Small to medium‐sized enterprises
- Supply of goods
- services
- and digital content
- Supply chain management
Abstract
Details
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The purpose of this article is to investigate the role that the principle of pacta sunt servanda plays in consumer contracts under the Common European Sales Law (CESL).
Abstract
Purpose
The purpose of this article is to investigate the role that the principle of pacta sunt servanda plays in consumer contracts under the Common European Sales Law (CESL).
Design/methodology/approach
The new proposal for the CESL resembles quite closely other global and European instruments and collections of rules on contracts, such as the CISG, PECL, and DCFR. At a closer look, the concept of contract, and in particular the consumer contract, differences between the CESL and its predecessors becomes readily apparent. This article will point out these differences and thereby analyse the role of the pacta sunt servanda principle in consumer contracts.
Findings
The question must be answered whether the consumer protection provisions that weaken the bindingness of contracts will discourage traders from opting into CESL? The Article also shows the inconsistencies in the CESL in business‐to‐business (B2B) contracts in the areas relating to mistake and lack of conformity.
Originality/value
The article poses a question which is of such relevance that it should be more comprehensively discussed by European legislators before the CESL is adopted as an EU regulation.
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Health information exchange (HIE) initiatives utilize sharing mechanisms through which health information is mostly transmitted without a patient's close supervision; thus…
Abstract
Purpose
Health information exchange (HIE) initiatives utilize sharing mechanisms through which health information is mostly transmitted without a patient's close supervision; thus, patient trust in the HIE is the core in this setting. Existing technology acceptance theories mainly consider cognitive beliefs resulting in adoption behavior. The study argues that existing theories should be expanded to cover not only cognitive beliefs but also the emotion provoked by the sharing nature of the technology. Based on the theory of reasoned action, the technology adoption literature, and the trust literature, we theoretically explain and empirically test the impact of perceived transparency of privacy policy on cognitive trust and emotional trust in HIEs. Moreover, the study analyzes the effects of cognitive trust and emotional trust on the intention to opt in to HIEs and willingness to disclose health information.
Design/methodology/approach
An online survey was conducted using data from individuals who were aware of HIEs through experience with at least one provider participating in an HIE network. Data were collected from a wide range of adult population groups in the United States.
Findings
The structural equation modeling analysis results provide empirical support for the proposed model. The model highlights the strategic role of the perceived transparency of the privacy policy in building trust in HIEs. When patients know more about HIE security measures, sharing procedures, and privacy terms, they feel more in control, more assured, and less at risk. The results also show that patient trust in HIEs may take the forms of intention to opt in to an HIE and willingness to disclose health information exchanged through HIE networks.
Originality/value
The findings of this study should be of interest to both academics and practitioners. The research highlights the importance of developing and using a transparent privacy policy in the diffusion of HIEs. The findings provide a deep understanding of dimensions of HIE privacy policy that should be addressed by health-care organizations to exchange personal health information in a secure and private manner.
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The purpose of this article is to compare the methods of interpretation and gap filling in the United Nations Sales Convention (CISG) and in the Draft Common European Sales Law…
Abstract
Purpose
The purpose of this article is to compare the methods of interpretation and gap filling in the United Nations Sales Convention (CISG) and in the Draft Common European Sales Law (CESL). In particular, it aims to examine whether the established interpretation and gap filling method of the CISG can and should be used for the CESL.
Design/methodology/approach
The article looks at the method by which international case law and doctrine interpret the CISG and fill its gaps. The article compares this method with the method that is provided for in the CESL instrument but has to be implemented.
Findings
It is suggested that despite its nature as European community law, CESL should be interpreted in a broad international way since it does not only cover internal EU sales, but also transactions involving parties from outside the EU. For this reason its interpretation and gap filling should follow the method of the CISG so as to interpret similar provisions in a similar way in order to harmonize law within and outside the EU.
Research limitations/implications
Both the CISG and CESL intend to unify legal traditions or different legal systems; the CISG tries to harmonize globally what CESL tries to harmonize regionally. It is important that these two instruments complement one another by the avoidance of divergent interpretations of similar provisions. It would helpful for further research to assess whether and how two decades of experience with the CISG can be used in the interpretation and application of CESL.
Practical implications
CESL's interpretation provision, if it is enacted, is unlikely to change from the current version. The way CESL is interpreted and how its gaps filled will determine its practical significance as a viable opt‐in national law. It is therefore necessary to develop in advance the right interpretive methodology if CESL is to become a meaningful alternative instrument.
Originality/value
The article suggests that the CESL should not be interpreted in the traditional way European community law is interpreted, but, instead, be interpreted under a broad international perspective. It also advances the idea of interconventional interpretation by which the CISG would guide the interpretation of similar provisions found in CESL.
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The purpose of this paper is to study how web site quality affects traffic performance.
Abstract
Purpose
The purpose of this paper is to study how web site quality affects traffic performance.
Design/methodology/approach
An experimental design is employed to study how web quality affects traffic performance. A revamping of the experimental web site was used as the treatment, targeting visitors' perceived quality of the web site. Four traffic performance measures, page: views, visitor count, daily registrations, and average duration are tracked, and t‐tests are performed on pre‐treatment and post‐treatment data.
Findings
The analysis shows very positive responses among members; visitor count, page views and average duration increased for opt‐in and opt‐out members. For visitor count, even non‐members showed increases. However, daily registration, which measures how many non‐members become members each day, did not change. Non‐members visited more, but neither viewed more pages, nor stayed longer. Average duration is identified as the key factor for discerning visitor groups.
Research limitations/implications
The experimental web site belongs to one web site category. The generalization is subject to reasoning by practitioners.
Practical implications
It was found that: to increase membership, alternative schemes must be employed, perhaps along the lines of a non‐technical approach; to acquire more members, do not focus on converting known non‐members. Those with the same demographic profile as existing members should be targeted; and the question must be asked whether the fact that opt‐in members are stickier than opt‐out members is a trait or a consequence of opt‐in members receiving e‐mails periodically, while opt‐out members chose not to receive e‐mails.
Originality/value
With few existing traffic experiments in the literature, this study is unique, as are its implications.
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The purpose of this paper is to lay out an approach to addressing the problem of privacy protection in the global digital environment based on the importance that information has…
Abstract
Purpose
The purpose of this paper is to lay out an approach to addressing the problem of privacy protection in the global digital environment based on the importance that information has to improve users’ informational self-determination. Following this reasoning, this paper focuses on the suitable way to provide user with the correct amount of information they may need to maintain a desirable grade of autonomy as far as their privacy protection is concerned and decide whether or not to put their personal data on the internet.
Design/methodology/approach
The authors arrive at this point in their analysis by qualitative discourse analysis of the most relevant scientific papers and dossiers relating to privacy protection.
Findings
The goal of this paper is twofold. The first is to illustrate the importance of privacy by default and informed consent working together to protect information and communication technology (ICT) users’ privacy. The second goal is to develop a suitable way to administrate the mentioned “informed consent” to users.
Originality/value
To fulfil this purpose, the authors present a new concept of informed consent: active “informed consent” or “Opt-in” model by layers. “Opt-in” regimens have already been used with cookies but never with 2.0 applications, as, for instance, social network sites (SNS).
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Kiseol Yang and Allison P. Young
The purpose of this paper is to examine the effects of customized site features on consumers' purchasing decision aids and consumers' attitudes toward internet apparel shopping.
Abstract
Purpose
The purpose of this paper is to examine the effects of customized site features on consumers' purchasing decision aids and consumers' attitudes toward internet apparel shopping.
Design/methodology/approach
The research model was developed and tested using structural equation modeling to identify the effects of customized site features on internet apparel shopping. Participants were members of an opt‐in‐e‐mail marketing company and were required to experience the customized site features at a given web site prior to the survey. A sample of 107 participants was used for the analysis, totaling a 34 percent response rate.
Findings
Interactivity of customized site features indicated a significant direct effect on consumers' purchasing decision aids and an indirect effect on positive attitude toward internet apparel shopping. Virtual experience and customized alternative information offerings showed significant direct effects on positive consumer attitude toward internet apparel shopping.
Research limitations/implications
Direct measures of the effects of customized site features on consumers' apparel purchase risks on the internet are suggested for future research.
Practical implications
E‐retailers should explore and develop the easy‐to‐use web interface of customized site features to enhance site usability and they should diffuse into their own retail web sites.
Originality/value
Examination of the effects of customized site features on internet apparel shopping is an area of research that has not been fully explored. The study provides e‐retailers with the insights to renegotiate the interaction with consumers regarding apparel shopping on the internet.
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