The Specificity of Consent in Smart Contracts in the Context of Artificial Intelligence and Its Impact on Consumer Protection: An Analytical and Comparative Study under Algerian Legislation

Abstract

The field of electronic transactions is undergoing rapid development driven by the digital revolution and technological advancement, resulting in the emergence of new contractual models, among the most prominent of which are smart contracts based on blockchain technology. These contracts rely on the automatic execution of contractual obligations in accordance with predetermined programming commands. Despite the advantages they offer in terms of speed, efficiency, and transparency, smart contracts raise legal issues concerning the validity of consumer consent, given the particularities of their formation and execution mechanisms. They also present challenges relating to the provision of contractual information, the consumer’s understanding of the legal and technical implications of the contract, and the adequacy of traditional legal rules in accommodating this emerging contractual model. This study examines the legal issues associated with consumer consent in smart contracts by analyzing the nature of smart contracts and the legal framework governing them. It further assesses the adequacy of general legal rules and the rules governing electronic contracts in providing legal protection for consumers in the absence of specific legislative regulation, while drawing on selected comparative legislative experiences. The study adopts analytical and comparative approaches and concludes that the particularities of smart contracts require the development of the legal framework governing them in a manner that strengthens the protection of consumer consent, reinforces the obligation to provide information, and keeps pace with the rapid developments occurring in the digital environment.