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Digital amnesia in the realm of e-commerce (an analytical study) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 33, Volume 16, Issue: 3, September 2026, Pages 960-983 PDF (780.51 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2026.168499.1712 | ||
| Author | ||
| REEM DHANNOON YOUNUS* | ||
| University of Mosul, College of Law | ||
| Abstract | ||
| The modern digital environment has given rise to new legal challenges, most notably the issue of retaining personal data resulting from electronic transactions. This has led to the emergence of the "Right to be Forgotten" as a key legal safeguard for protecting individuals in cyberspace. The right to be forgotten is defined as the individual's ability to request the removal or disabling of access to their personal data stored by electronic entities once the purpose for its collection has been fulfilled or the legal justifications for its retention no longer exist. In the field of e-commerce, the importance of the right to be forgotten is increasing due to the reliance of digital commercial activities on collecting and analyzing the personal data of both consumers and merchants—whether for contract formation, marketing, or electronic tracking. This right aims to mitigate the negative impacts of the unlawful exploitation of data and to enhance trust in electronic transactions, thereby positively reflecting on the stability of digital commercial dealings. However, implementing the right to be forgotten raises several legal complexities. These concern the limits of this right and its potential conflict with a merchant's electronic obligations, as well as the necessity of retaining certain data for evidentiary purposes or compliance with legal and regulatory requirements. Furthermore, a significant challenge lies in the absence of explicit legal provisions in some national legislations, including Iraqi legislation, compared to other legal systems that have regulated this right more clearly. | ||
| Keywords | ||
| Digital amnesia; e-commerce; business transactions | ||
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