LEGAL ISSUES IN E-COMMERCE Aashit Shah and Parveen Nagree Nishith Desai Associates Nishith Desai Associates (“NDA”) is a research based international law firm based in Mumbai and Palo Alto, Silicon Valley, specializing in information technology, e-commerce, telecommunications, (BEMA, 2007). Your email address will not be published. Issues arise when certain companies or organizations have similar names. In B2C website, mutual trust is an ethic as agreements between the partnering or the transacting bodies should have a respect to the existing agreement. to business conducted via the Internet. Many e-business activities also involve transactions, so customer banking or credit card information also ends up stored online. The following are a few ethical issues related to e-commerce. Legal Issues in E-Commerce E commerce is the application of the business principles, ideas and methods through electronic media and more specifically through internet. Hence, it is important to provide protection to the identity of consumers who use the electronic mode of payment systems. A dominant and elite name is microsoft.com or qburst.com. Namely, they should be cognizant of the many issues surrounding data security and consumer privacy, as well as protecting their brand and setting a solid foundation with their “terms & conditions” agreement. The main difference with the ethics. can send it to you via email. Legal issues related to e-commerce. There are two types of websites that are designed for the internet marketing, business to customer and business to business website. Just at the click of the mouse, a buyer is able to access a wider rage of goods and services which have been posted over the internet. The competition over the selection of names of the domain is an additional legal issue. This Practice Note provides guidance on key legal issues in business to business (B2B) e-commerce conducted using websites, mobile apps and/or emails, including: contract formation the enforceability of browse wrap and click wrap terms Legal issues affecting Ukrainian e-commerce market in general. How are the laws nationally applied to cyberspace activities? For the average e-commerce startup, the ruling illustrates the importance of clearly defining a product's liabilities and warranties, especially if you deal with third-party vendors. Introduction India is witnessing a digital revolution with internet becoming an integral part of its population and availability of internet in the mobile phones. As soon as websites set their sights beyond customers in the domestic market, however, online retailers have to take on some basic legal questions. Electronic Contract The core purpose of a trade, whether conventional or e-commerce, is to extract revenue, and that is achieved by ensuring that there is a legally binding agreement or contract and a form of token of payment. Most of the payment systems electronically have the identity of the client. This has enabled development of new services, distribution channels and far greater efficiency in business activities than ever before. ...Risk Management of Legal Issues affecting E-Commerce Introduction Risk management is the ability to identify, assess, and prioritize risks depending on the threat they poses on a business and the resources available. The Legal and E-Commerce Environment Toda, 47 Bergen St--Floor 3, Brooklyn, NY 11201, USA, Sorry, but copying text is forbidden on this II. The Wallet is a business-focused, English-language daily newspaper of Pakistan.For Pakistan Business News & Tech News. Amazon, easily the most recognizable face of the e-commerce industry, has faced legal scrutiny for its practices. To maintain a good relationship between the customers and the business, and business to business, the website management should discuss any changes before they are done and placed on the website. Sch. 4. (BEMA, 2007 The main difference between these two types of type of websites is that the legality of B2B much concerns on the welfare and the ethical value of the business as opposed to the B2C which concentrates much on the customers. Selected Legal Issues of E-Commerce and Publisher Kluwer Law International B.V. Save up to 80% by choosing the eTextbook option for ISBN: 9789041172334, 9041172335. The competence and ability of the web to range the world bring with it an array of legal problems. It’s very legal to conduct any business over the internet, but would be illegal to have a business that has no mutual benefit to the customer. Many of the early EDI experiments, and even production systems went into operation without any legal interchange agreement between trading partners, between VANs and their customers. The exponential growth of the Internet and online activity raise a number of new regulatory issues and legal questions. Reference: BEMA, (2007), Business Ethics Marketing and Advertising, Retrieved from http://pwebs. SCO bank proposed to unify digital payment gateways, PM asks foreign firms to take benefit from Pakistan’s e-commerce policy, Coca-Cola donates ventilators amid second surge in covid-19 cases, Palestinian-Israel conflict and foreign policy of the middle east countries. Potential issues for e-commerce players would be price fixing or tacit collusion or anti-competitive discrimination or refusal of access to third parties. As in the designing of this website, the customer should not be cheated in any way, the governance and the regulation of this type of website; it would be unethical to provide any information that would not provide truthful information to the intended buyer. Competition. Judith is CEO and Founder of her virtual law practice, Coollawyer Legal Forms, which provides e-commerce forms and legal advice for Internet and technology companies. GET YOUR CUSTOM ESSAY This will enhance that only the right information is given and the customer will have the positive response to the product in question as he has the final say as far as all maters are concerned. Other than buying and selling of products to each other, it also comprises the chain management as most companies are partnering in their trades. Nowadays, the internet has created a new function called e-commerce. Firms track the movement of individuals through cookie analysis and tracking software. Cmty. By not respecting the ethics of the provided information, it might have unwanted impact to the end user which might bring in losses to the company. While these "e-commerce businesses" confront a variety of the same legal issues faced by traditional brick-and-mortar companies, they also must manage other challenges that are unique to conducting business operations and transactions in an electronic environment. The internet is one of the most efficient ICT tools that have been of great use to the electronic business. You can be sued by customers f… E-commerce is commonly known as electronic commerce and now already become a virtual main street of the world. Not getting your trademark protected is one of the main legal issues in the field of e-commerce. Save my name, email, and website in this browser for the next time I comment. In Japan, not a day passes without newspapers publishing articles about information technology ('IT') and/or e-commerce. Encryption the scrambling of data from plain text into code once it is sent from a computer 36 36. E-commerce players should refrain from collusion and excessive pricing. The Federal Trade Commission (FTC) is the primary federal agency regulating e-commerce activities, including use of commercial e-mails, online advertising and consumer privacy. E-commerce activity often involves collecting secure data such as names and phone numbers associated with email addresses. Clients are concerned about the quality of services and products as well as the percentage of price and quality. Legal issues in e-commerce: Think before you click! Ethics, legal and regulatory issues differ on a Business 2 Customer site compared to a Business 2 Business site Business 2 Customer -Ethics and legality in business is very important. Programs like cookies can raise a bunch of privacy concerns. The activities of e-commerce performed by a consumer can be tracked by the companies. With the decrease in the prices This is a scorching issue for both mortar and clicks merchants and cyber merchants. The aim of a business to customer website is to reach as many customers as possible and therefore increase the chances of the product being bought by these customers by providing legal information. However, If you talk about laws of copyright protects the intellectual and smart property cannot be recycled freely. It’s important especially when establishing a good relationship with the clients and in creating a good relationship that is based on trust. The rapid growth of online and internet activities increases the number of contemporary supervisory or managerial problems and legal questioning. The rapid growth of online and internet activities increases the number of contemporary supervisory or managerial problems and legal questioning. Therefore, what we need to know and understand is; what are the particular and specific issues related to the e-commerce? The history of tracking is stored on the hard disk of your PC and whenever you visit the website again the PC knows it already. Fraud on the Internet E-commerce fraud popped out with the rapid increase in popularity of websites. The notably quick changing atmosphere is the e-commerce market because the demand and fame of e-sopping are increasing day by day. The most important of all is to have legal and ethical benefit between the two businesses. Let’s discuss the legal issues specific to e-commerce. E-commerce draws facts and data on how visitors operate a site with the log files. Another thing to be considered is that, its not only the customer will be viewing the website but also the competitor may be visiting the website and might get some useful information and learn the business weakness giving him a chance to keep a head in business. For instance, if you have purchased software,  you have got the right to operate or use it but you have no right at all to spread and distribute it. Could it be possible to regulate cyberspace by one authority or by many? E-commerce is generally governed by the Civil Code of Ukraine, as well as a number of regulatory acts (notably, the Law on Protection of the Rights of Consumers). The small investors are allured by the commitment of wrong profits by the stock promoters. htm on 17th Nov 2008 Roger, M. (2002). If you don’t secure it, it won’t take long before you’ll realize your trademark is being infringed upon. Commonly, lots of global and ethical issues of information technology employs to e-commerce. The very important trait of e-market today is its ability to accommodate novelties and speed. A major disadvantage of e-commerce is putting a stop to buying capabilities because of a site crash. Buyers and sellers are opposed to conducting frauds in auctions as well. B2B e-business has benefits to the companies. Introduction. The questions arise are; How the copyright should be applied over digital content? It includes both direct response marketing and indirect marketing elements and uses a range of technologies to help connect businesses to their customers. This page provides information and links to legal resources, which include: Case Highlights; Reports and Workshops; Laws, Rules, and Guides; and Compliance Documents. It saves time and money for the business as it would be easier to manage the inventory in an effective way, it markets the product more quickly and also reduces the paper work that would have been incurred by the company. The legal factors that govern this type of website are more of benefiting the companion that is there between the businesses that are doing the business together. No matter whether enlarges the existing e–commerce or starts a brand new business in internet, the online entrepreneur must have a panoramic perspective over the legal framework and detailed look over the traditional and specific legal issues of internet law. Security, Unique The rapid change in the growth rate of online and internet activities increased the number of certain legal and regulatory questions. Tinker v. Des Moines Indep. barriers to international e-commerce ; electronic transactions ordinance, 2002 - 1 ; electronic transactions ordinance, 2002 - 2 ; electronic transactions ordinance, 2002 - 3 ; global legal issues of e-commerce - 1 The ambitiousness brings several solutions in e-commerce and abundance or lots of decisions might and should be made effectively with business ethics and legal and ethical decision making could be helped this way. The print version of this textbook is ISBN: 9789041118981, 9041118985. Security has been a concern since its inception and is considered a major disadvantage of e-commerce. In general, all existing laws that apply to traditional commerce apply . Please, specify your valid email address, Remember that this is just a sample essay and since it might not be original, we do not recommend to submit it. A privacy problem connected to the employees/people of an organization is tracking. Required fields are marked *. The rights of distribution are just with the holder of its copyright. HAVEN’T FOUND ESSAY YOU WANT? This helps in outsourcing parts of the partnering business in their supply chain. SAMPLE. In the two types of the website, there are legal and ethical issues that govern each of the two types of website that may differ in one way or another. The major ethical, social, and political issues that have developed around e commerce over the past seven to eight years can be loosely categorized into four major dimensions: information rights, property rights, governance, and public safety and welfare . The developments in technology have projected very extensive possibilities in different spheres, one of these is e-commerce. In 2018, the U.S. Court of Appeals for the 3rd Circuit ruled that Amazonwas liable for a dog collar it sold from a third-party vendor that caused permanent vision loss to a Pennsylvania woman. In the B2C website, the given transaction procedures and the rules that have been agreed by the partnering business should be respected as an ethic of the business. Since trademark is your company’s logo and symbol, the representation of your business all over the web, it must be protected. In this regard, each website plays a significant role in development and welfare of the business. It is essentially cover all the activities on internet and induce the customer to purchase the product over the internet. Home » Blog » Legal and ethical issues related to e-commerce. THE LEGAL AND PRIVACY ISSUES OF DOING E-BUSINESS What Laws Apply to E-Business? Your email address will not be published. E-commerce has long become an indispensable sales channel for Swiss SMEs. The possibilities of retail became definitely unique and attained new levels. E-commerce sites use Encryption to secure credit-card data transmitted by customers. The regulation of the customer to business site is in most cases governed by the government or the constitutional law while the business to business sites are regulated by the set agreements by the transacting businesses. It is very difficult for an investor in e-commerce to protect intellectual property. E commerce is also referred to as internet business and online business are frequently interchanged, and can often be considered synonymous. FOR ONLY $13.90/PAGE, Addressing International Legal and Ethical Issues…, Criminal Evidence And Legal Issues Unit Ii…, National Federation of Independent Businesses v. Sebelius – Oral Argument – March 27, 2012, National Federation of Independent Businesses v. Sebelius – Oral Argument – March 28, 2012, National Federation of Independent Businesses v. Sebelius – Oral Argument – March 26, 2012, Planned Parenthood of Southeastern Pennsylvania v. Casey. By such a definition, E-business encompasses all the activities a business conducts via the worldwide web with the aim of attracting new business, retaining current business and developing its brand identity. Academic Content. Outlined below are the legal issues which arise from the use of e-commerce and the Japanese Government's efforts to remedy the inadequacy of present law. 2) Site crash E-commerce is fully dependent on internet connection. Internet businesses have a legal obligation to protect the private information of their customers. Dist. The systems of monitoring are installed and set up in many organizations to monitor web activities and e-mails in order to know the people who broadly use business hours for the activities not related to business. By M Ali Nasir. E-commerce legal issues have seen a generation of new players and the merging and acquisition between several old players. E commerce is the application of the business principles, ideas and methods through electronic media and more specifically through internet. The availability of pop up ads and emails has opened the paths and paved the horizons for financial criminals and frauds to get access to many people. It is a hot issue for both cyber and click-and-mortar merchants. Laws governing business incorporation, business name registration, taxation, consumer protection, website. Fraud on the Internet; E-commerce fraud popped out with the rapid increase in popularity of websites. selected legal issues of e commerce law and electronic commerce Oct 09, 2020 Posted By J. K. Rowling Media TEXT ID 06353206 Online PDF Ebook Epub Library national legislators with a set of internationally acceptable rules as to how the legal obstacles in the communication of legal significant information through paperless this book delves into the often scantily addressed issues of the policies and laws that govern the ICT realm, and the potential contentious issues, and possible solutions. The environment of the web has recommended a lot of different capabilities for entrepreneurs. In the B2C website, the clients’ information should be kept anonymous as that would a great maintenance of the customers’ ethics. Is there any existence of data protection and privacy on the web? In this type of website, businesses control each others business through the set rules. Let’s discuss the legal issues specific to e-commerce. Are all the online or electronic- based activities that facilitate manufacturing of goods and services by the producer to satisfy the needs and wants of the customers? Due to applying laws and regulations over the internet is there any problem that arises in the cyberspace world? Internet addresses and locations are acknowledged as domain names. Set forth below is a non-exhaustive list of potential legal issues in connection to e-commerce businesses. It is a hot issue for both cyber and click-and-mortar merchants. Hi there, would you like to get such a paper? It is obvious from the foregoing that a critical analysis of legal issues, challenges and prospects of e- commerce in Nigeria has been carried out. Social Issues of E-Commerce. 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