This thesis explores and highlights the problem of legal fragmentation in consumer protection within the European Union, which has a negative impact on the development of the internal market. In accordance with the evolution of the digital age, the popularity of online consumer contracts has been increasing, but their legal regulation has not kept pace with development; regulation is inadequate, ambiguous, and not user-friendly. This prompts uncertainty in consumers and businesses in cross-border transactions. Consumers' distrust in online shopping means that they do not take advantage of the opportunities the internal market offers and thus miss a wide range of goods at competitive prices. Due to existing differences in regulations, companies restrict their operations to only certain markets, which results in lost opportunities for business expansion.
In the initial part of the thesis, I will focus primarily on a systematic analysis of the provisions relating to consumer rights in the case of non-conformity of goods, purchased online. I will present a national and transnational arrangement, which is often uncoordinated, especially in warranty claims, due to the minimum harmonization approach with the Directive. Varying legislation within the Union results in a fragmented legal framework that is a major obstacle to developing cross-border transactions and thus to the single market. Regulation in this area is necessary, because otherwise the global uncertainty about the legal effect of online shopping would mean that the single market cannot adapt to the developments and opportunities offered by the digital age. In the concluding chapter, I will critically analyze current attempts at unifying consumer protection and present the Commission's current proposal in this direction.
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