CIVIL LIABILITY IN DIGITAL MARKETS: A LEGAL ANALYSIS OF E-COMMERCE MERCHANTS' OBLIGATIONS AND THEIR BASIS

This study aims to analyse the civil liability legal system in electronic commerce, with a focus on the position of UAE legislation, in light of the rapid development of digital markets and the new legal risks that may affect the rights of both consumers and traders. A main problem has been raised: namely, the adequacy of traditional civil liability rules to address the specific nature of electronic transactions, as well as the need for specialized legal regulation that takes into account their technical nature.  Remarkably, we have adopted a descriptive-analytical method through analysis of relevant legislative texts, as well as a comparative method in some instances, drawing on legal jurisprudence and judicial rulings to clarify the civil liability of electronic traders. Moreover, the study has addressed practical issues related to proving fault, damage, and causal relationship in the digital environment. Accordingly, the UAE legislator has taken significant steps to regulate civil liability in digital markets, creating a modern legislative system that would enhance electronic consumer protection and expand the scope of electronic traders' obligations, with a tendency, in some cases, to assume fault and to mitigate the injured party's burden of proof. In addition, the study has shown that violations of personal data and breaches of media obligations constitute an independent basis for civil liability, even without proving direct material damage. Thus, we have identified several challenges, most notably the ambiguity in regulating the civil liability of intermediary electronic platforms, the complexity of attributing liability among multiple technical parties, and future issues regarding the use of artificial intelligence in commercial transactions. Finally, we have developed a set of legislative and judicial recommendations to strengthen the legal framework for civil liability in e-commerce, achieve a balance between consumer protection and digital investment, and enhance confidence in the legal environment of digital markets.