“Trust Mark” Has Not Yet Guaranteed Consumer Protection in Internet 

      Each place has its own sphere. So is in the matter of shopping. If in the past we  only knew shopping  conventionally that is by going to market or warong.  Now a days we know shopping “online”. When going to traditional market we are exposed to bad smell, slippery and dirty, by “online”  shopping such  conditions will not be faced. You don’t have to be in crowded, no need to wipe your perspiration due to sun shine. Shopping “online”, on the other, has its own attraction for those who have been used to do it. Whilst enjoying your coffee  you can go around  browsing “website of the product and services” you want. And if you are interested in one product or service then you only need to use credit card by typing the credit card number as requested by the seller. Then click “yes”, and the transaction concluded. Isn’t it attractive?  Finished? Not yet! Your next work is to wait for the product and service provided by the seller. But when you are awaiting  and the goods or services sold are not coming yet, then you will fill upset. What can you do? Were you cheated? May be, because cheating via internet is quite simple for those who have been “computer minded” By having a set of computer and faked website, for example Http/www.Trousers.com, a consumer who is interested in the web site then access it and buy the offered products. It is normal that the buyer does not suspect that the website is fake because no authorized institution which in charge of verifying which ones that is fake from those shown on the internet.

      It is not surprising therefore that a survey in Europe  said, 25 percent of European do not want to shop on internet because they don’t belie the internet. Under “online” shopping people are worry of the stealing of personal data  and cheating via  faked web site on internet. Of course this matter does not make convenient for e-merchant and e-consumer. Because since the born of internet all people keep chasing using internet. Many physical shopping done in local market  has been turned to “online” shopping by email  exchange because it is very effective and cheap. Therefore if there is no protection for the merchant and consumers then the presence of internet wont be useful. For a e-merchant his/her purpose will be to offer his/her products and services on the internet  in order  the consumers may be interested in the offered products and or services.

By consumers of course requires guarantee that the site of the e-merchant  visited is  real and not fake and if the sold product  is not good consumers may complaint. That’s wanted by the consumers. Therefore the presence of Trust Mark  on each website of the business people who  runs on internet recently become a question for us: will it be effective for protection of consumers? Lets say  that one website of the seller is given a logo of trust mark, is a guarantee that this go online company can be trusted for shopping by consumers? In other word, is a company with a logo of trust mark can be assured as to is existence and quality of the products or services offered ? A logo of Trust Mark is provided by private institution (Trust Mark Organization) which is specialized in handling company which intend to go public on n line business so that consumer can trust it.

      In the United States we know VeriSign, TRUSTe, BBBOnline and WebTrust. It is these institutions which verify the companies which sell their products on internet. To what extent will these institutions be liable when consumers dissatisfied  with the company which “go online”, no certainty yet. In other word, what is the role of Trust Mark institute in relation to the trust mark  logos  hat have been certified to the business actor? Does this institute function only administratively  that’s containing and writing the name of  the company that intends to “go online” and not responsible for the quality of the company? It may be like internet provider which only provide internet service administration and can not force any sanction against the violator unless by shut off the company on line service.

      A case is given as evidence when Microsoft with its trust mark logo provided by TRUSTe has transferred data on the information of internet users  via Windows 98. Now news as what sanction is charged against Microsoft. Thus the existence of trust mark logo is not a guarantee for consumers to do shopping because it is not sure as to its safety.

*) The writer is a practicing lawyer in Jakarta who has handled many international cases.


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