التزام المورد الإلكتروني بحماية المعطيات الشخصية للمستهلك في القانون رقم 18-05 المتعلق بالتجارة الإلكترونية

Abstract EN

This research aims to deal with the problem relating to the degree of consecration of the Algerian legislator of the guarantees which ensure the execution of the electronic supplier's obligations, via the protection of his/her data in the code of electronic commerce, due to the importance of this obligation in the protection of the digital consumer's right to privacy and in the consolidation of confidence in electronic commerce and its promotion.

This research led to a number of results, in particular that the provision of this obligation in the electronic commerce code was generic and did not provide sufficient protection to the digital consumer against the processing of his/her personal data; moreover, it has not provided for civil sanctions in the event of non-compliance with this obligation; also, there is a need to enact the regulatory texts to which the legislation refers concerning several questions, such as the storage methods of personal data and their security; this is in addition to consolidating the obligation of the electronic supplier by specific execution guarantees to strike a balance between his/her right to information and the consumer's right to privacy.