الحماية الجنائية للمستهلك الالكتروني في ظل التشريع الجزائري

Abstract EN

The technological development and its accompanying with the emergence of electronic trade exchanges and the emergence of what is known as the electronic consumer in adition to the traditional side which is considered as the weakest side in the contract because it becomes a hostage to the terms of the strog party in the contract (professional) that has an economic strength and artistical and technical experience could become sometimes as we are all consumers in order to satisfy our personal needs and desires because of that most of the criminal legislations establish a special protection for him.

In order to keep up with these developements to provide more protection to the dealers in this field, the Algerian legislator has introduced a new private law, number 18-05 of 10 May, 2018 related to the foreign trade tha sets the general rules of the electronic commerce of goods and services, in addition to the penal law and the law number 09-03 of 25 February, 2009 related to the consumer protection and the suppression of fraud.

All that may contribute to the criminal protection of the consumer inthis field.

The aim of this study is to clarify the extent to wich the Algerian legislator can provide the criminal protection of the electronic consumer according to the actual laws.

On this basis we must give some concepts related to the subject of our study ( the electronic commerce, contract and electronic consumer ).

Then we deal with the criminal protection of the consumer from tricks, cheating and fraud in our first topic.

After that, we deal with the study of the criminal protection of tje personal data of electronic consumer and the crimes under the new law 05-18 related to the prohibition of dealing with electronic communication in some goods and services and also the breach of the requirements of the commercial transaction and electronic shares in our second topic.