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Ministry of Higher Education and Scientific Research

College of Law, Sumer University

كلية القانون جامعة سومر

P-ISSN: 3081-1082
Researchers in the field of law

Legal Liability for Algorithmic Pricing in E-commerce Transactions: An Analytical Study of Iraqi Law

Roaa Qasim Ayyal

Abstract

This study examines legal liability arising from algorithmic pricing in electronic commercial transactions, with particular emphasis on the Iraqi legal framework governing relationships among e-merchants, consumers, digital platforms, and algorithm providers. The significance of the study lies in the growing reliance on automated and semi-automated pricing systems that determine or adjust prices based on data inputs, consumer behavior, and market conditions, thereby raising legal concerns relating to transparency, price discrimination, consumer protection, and fair competition. The core research problem is whether existing Iraqi legislation—especially the Electronic Signature and Electronic Transactions Law, the Consumer Protection Law, and the Competition and Anti-Monopoly Law—is sufficient to regulate liability for harm caused by automated pricing decisions. The study adopts an analytical and doctrinal methodology, while also drawing, in a limited functional manner, on comparative legal approaches to interpret the current Iraqi framework in light of developments in digital markets. The study concludes that Iraqi law provides a general legal basis for addressing disputes arising from algorithmic pricing, but it does not contain a specific and comprehensive regime dealing with issues such as algorithmic transparency, causal proof, and the allocation of liability among multiple actors. It further finds that liability should not be attributed automatically to a single party; rather, it should be assessed according to the degree of effective control over the pricing decision, the level of supervision exercised, and the extent of awareness of foreseeable risks. The study therefore recommends legislative or regulatory intervention to establish clearer disclosure obligations, strengthen oversight, facilitate reviewability, and ensure a balanced relationship between digital commercial freedom, consumer protection, and market fairness.

الكلمات المفتاحية: Algorithmic Pricing, Electronic Commercial Transactions, Legal Liability, Consumer Protection, Competition and Anti-Monopoly, Digital Platforms, Algorithmic Transparency, Iraqi Law.