Legal Protection of the Personal Data of the Electronic Consumer in Electronic Commerce Contracts under Algerian Legislation

Abstract

The parties to an electronic commerce contract—the electronic supplier and the electronic consumer—are required, for the execution of the contract, to provide their essential personal data within the digital environment. Such data may be exposed to serious infringements affecting the consumer's privacy, whether by third parties or even by the electronic supplier himself. Consequently, legislations around the world have established the necessity of subjecting the processing of personal data to legal restrictions in order to ensure the protection of personal data during automated processing, as well as to guarantee its security and proper circulation, thereby promoting the safe conduct of electronic commerce activities. In this regard, the Algerian legislator has imposed a set of obligations in accordance with the applicable legislation and regulations, particularly Law No. 18-07 relating to the protection of natural persons with regard to the processing of personal data, as well as Law No. 18-05 on electronic commerce, especially the provisions of Article 26, which constitute the legal and legitimate basis governing this matter.