Although the Internet has brought challenges to the European jurisdiction and choice of law rules in consumer contracts, the challenges are not fundamental. The Internet challenge has been considered seriously by the legislators and guidance has been provided to help courts in the Member States in their practice. The current European conflict of laws generally works effectively in e-consumer contracts. At the least, no consumers or businesses have claimed that they are prevented from entering into e-commerce because of the worry about where to sue or be sued or which substantive law applies. However, in order to fully improve consumers’ access to justice and to facilitate e-commerce, alternative dispute resolution methods and collective action should be adopted and developed. European private international law in consumer contracts should be reformed to accommodate the future development of these new redress methods.
Tang, Zheng, Consumer Contracts and the Internet in EU Private International Law (May 17, 2014) in Savin, A and Trzaskowski, J, ed Research Handbook on EU Internet Law. Cheltenham: Edward Elgar, 2014, pp 254-284.