Chapter 5: Transparency and the online consumer
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This Chapter explores in more detail the specific difficulties encountered by consumers in transacting online through standard forms. The issue of rational ignorance and behavioural bias in the online environment is introduced. There follows a discussion of how the transparency principle of the UCTD applies in the context of the specific issues relevant to online contracting. These include the question of contract formation, the length and complexity of online terms and the design and presentation of online contracts. The chapter considers the ways in which the transparency of online standard form contracts might be improved through measures such as the use of framing techniques, the reduction and simplification of information, and seeking to present online terms in ways that take account of the insights of behavioural economics. Finally, the chapter suggests measures in which the transparency requirements of the UCTD could be better utilised to encourage traders to improve the transparency of their online standard terms.

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