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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

By Bessadi Noura

Law and World · Vol. 12, No. 39, pp. 97-117 · 2026

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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.

Details

Publication type
Journal article
Author
  • Bessadi Noura - Ph.D in Economic Law and Environment Laboratory University of Oran 2 Mohamed Ben Ahmed, Algeria
Journal
Law and World
Publication
September 30, 2026
Volume
12
Issue
39
Pages
97-117
Language
English
DOI
10.36475/12.3.6
ISSN
2346-7916
Institutions
University of Oran 2 Mohamed Ben Ahmed
Access
Open access
Licence
CC BY-SA 4.0
Added to catalogue
Metadata source
Supplied by the publisher

Areas of law

Digital and Technology Law

Keywords

Smart contracts consumer consent obligation to provide information electronic contract consumer protection

Cite this record

Noura, B. (2026). 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. Law and World, 12(39), 97-117. https://doi.org/10.36475/12.3.6
Noura, Bessadi. "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." Law and World 12, no. 39 (2026): 97-117. https://doi.org/10.36475/12.3.6.
@article{noura2026_3b73kf,
  title     = {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},
  author    = {Noura, Bessadi},
  year      = {2026},
  journal   = {Law and World},
  volume    = {12},
  number    = {39},
  pages     = {97--117},
  doi       = {10.36475/12.3.6},
  issn      = {2346-7916},
  language  = {en},
  url       = {https://lawandworld.ge/index.php/law/article/view/1041},
  note      = {Open access}
}
Download BibTeX 
TY  - JOUR
AU  - Noura, Bessadi
TI  - 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
PY  - 2026
JO  - Law and World
VL  - 12
IS  - 39
SN  - 2346-7916
DO  - 10.36475/12.3.6
LA  - en
UR  - https://lawandworld.ge/index.php/law/article/view/1041
AB  - 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.
KW  - Smart contracts
KW  - consumer consent
KW  - obligation to provide information
KW  - electronic contract
KW  - consumer protection
KW  - სმარტ-კონტრაქტები
KW  - მომხმარებლის თანხმობა
KW  - ინფორმაციის მიწოდების ვალდებულება
KW  - ელექტრონული ხელშეკრულება
KW  - მომხმარებელთა უფლებების დაცვა
SP  - 97
EP  - 117
ER  -
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