فعالية الرقابة على المعاملات التجارية الالكترونية في تعزيز حماية المستهلك

Abstract

Effectiveness of Administrative Oversight of Electronic Commercial Transactions in Enhancing Consumer Protection A Field Study at the Directorate of Commerce and Export Promotion of Setif Wilaya

This thesis investigates the effectiveness of administrative oversight of electronic commercial transactions in Algeria and its role in enhancing the protection of online consumers, with a focus on Sétif Wilaya through a field study conducted at the Directorate of Commerce and Export Promotion and the local Consumer Protection Association. The study employed a descriptive-analytical methodology, relying on semi-structured interviews with regulatory agents and the association president, as well as official statistics covering the period 2023–2025. The legal framework is grounded in Law No. 18-05 on e-commerce and Law No. 09-03 on consumer protection and fraud suppression. Findings reveal an active regulatory trajectory that commenced effectively in 2023, with recorded violations rising from 10 in 2023 to 18 in 2024, achieving a 100% coverage rate of registered operators, before declining to 60% in 2025 despite a 91% increase in the number of registered operators. The study demonstrates that regulatory effectiveness remains conditional upon a set of legislative, technical, and institutional constraints. The main hypothesis was partially verified, while two sub-hypotheses — concerning violation detection mechanisms and the negative impact of legal and technical obstacles — were fully verified. The third sub-hypothesis, addressing preventive and awareness-raising measures, was partially verified. The study further reveals a structural gap between the legislative text and actual enforcement capacity, as well as weak coordination between regulatory bodies and civil society associations. The study concludes with recommendations to revise Law 18-05 to include standalone digital regulatory procedures, establish a specialized digital monitoring unit, adopt a national e-complaint platform, revise the penalty scale to strengthen deterrence, and institutionalize partnerships with consumer protection associations.