By Angelica Diaz
Many are very familiar with the idea that technology is always changing; well technology has yet again changed. In the past, Amazon, the online shopping company, has become a household name known for its Amazon Prime deals, Student Two-Day shipping, and so many other deals. Recently Amazon has come out with a new initiative called “Amazon Dash”. Amazon Dash is an ordering service, which uses a device, the Amazon Dash Button, for ordering goods over the Internet. The Amazon Dash Button is an electronic device that is placed around the house and programmed to order goods such as paper towels that the consumer will press when the household goods are running low.
As with most new technological advances, they quickly run into legal obstacles. Although the Amazon Dash had a successful launch in the United States, they are now endeavoring to launch in Germany. The obstacle Amazon is now facing in launching this product in Germany is the European Union. The European Union is a union of 28-member states in Europe, which was established to have one centralized body of laws that is applied to all member states. One area of law that the European Union handles a lot of is internet law due to its fluidity, constant change, and lack of permanency to one location.
One law expert recently brought to light the potential legal issues Amazon will face as it moves towards its Germany launch. Law expert, Daniel Widmann described that the Amazon Dash Button only shows the brand of the product, such as “Tide” for an example. Along with the button itself, there is no explanation of price, how it will be delivered, and most importantly there is a lack of explicit confirmation of the purchase itself. In the European Union, components of an agreement such as confirmation, withdrawal procedures, and proper purchase agreements are extremely important.
As customary in the United States, there are master purchase agreements that company’s, such as Amazon, use that bind its consumers to products even if they have chosen not to read them. In the European Union, a master agreement is not enough to determine those things and extra rights are granted to its consumers to them. In the European Union, they have stricter laws than a simple blanket agreement. For example, as it stands, Amazon can fluctuate its prices without notifying the consumer, but in the European Union, that kind of conduct will violate a proper agreement and the consumer can seek damages, as it seems appropriate.
Overall Amazon needs to realize that before they can launch this product in Germany, they need to adjust their master agreement and the way they conduct business. If Amazon is unable to make these changes, they will be hauled into court frequently in Germany as well as not having a successful launch as they did here in the United States.
Student Bio: Angelica is a Content Editor for the Journal of High Technology Law. She is currently a 3L at Suffolk Law with an area of focus in Juvenile and Family Law. She holds a B.A. in Legal Studies from Bay Path University.
Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHTL or Suffolk University Law School.
