Legal issues of the online retailer in virginia, ric. However, the emergence of electronic commerce has also brought with it a number of legal and socioeconomic problems, especially in the developing nations. Legal issues involved in ecommerce acm digital library. The government has considerably liberalized foreign direct investment fdi and as per the regulations framed under the foreign exchange management act, 1999, 100% fdi is allowed on an automatic basis in ecommerce activities. Jul 03, 2015 taxation of ecommerce is an important issue for countries, businesses and consumers who want to be a party of ecommerce. Nearly all companies now use online or mobile websites andor social media network pages to promote their businesses, sell goods or services, conduct business transactions, and connect and communicate with customers, clients, or other. Comparing ecommerce and ebusiness we come to the subsequent conclusion. Ecommerce legal issues, types of ecommerce enterslice. E commerce business alternative to checks and money. To bridge the knowledge gap, ecommerce businesses should ensure they seek legal counsel before expanding into new territory.
The industry has matured and has seen the entry of many new players in the market. On the proposal of the committee on consumer policy. Legal and ethical issues intellectual property issues. Review of ecommerce legislation harmonization in the. Reshaping the future of people, nations and business.
If ecommerce businesses lead to exposure and advantages for businesses online, then it certainly has given rise to some legal issues too that can be avoided by keeping in mind the rules and laws framed by australian government. The exponential growth of the internet and online activity raise a number of new regulatory issues and. In legal terms, this is called a nexus, and each state defines nexus differently. Lets discuss the legal issues specific to ecommerce. Legal considerations for ecommerce businesses insights. These legal issues can be classified in several ways, including topics such as validity of contracts, jurisdiction over trades, encryption policies, and internet gambling. The chinese legal system will be considered, but will get less focus in the second chapter, due to lack of access to translated sources. In general, all existing laws that apply to traditional commerce apply. Two millennia of commerce has been based on the written document with its value authorized by the signature of a duly authorized officer. Privacy and security issues in ecommerce eecs umich. Legal aspects of electronic commerce munich personal repec. The process of harmonization started more than 10 years ago in support of asean regional economic.
In the us, consumers expect prices to be listed minus tax, while the opposite is true for many of the remaining countries. The current legal practice has paper documents and signatures affixed thereon as its foundation. Ecommerce is the transaction between a buyer and a seller, which is done through online technologies. The power of the web to reach the world carries with it a variety of legal issues, often related to intellectual property concerns. Research on legal issues of dishonesty in ecommerce.
Some of the ethical, social, and political issues raised in each of these areas include the following. Difficulties like uncertainty and double taxation make parties of ecommerce reluctant and affect development of ecommerce negatively. Cyberlaws and regulations for enhancing ecommerce unctad. The world is used to conducting business and commerce on signed paper documents. Some legal aspects of electronic commerce springerlink. Nov 28, 2019 a common issue ecommerce startups face is the different ways countries expect taxes to be handled. Agrees that this recommendation applies to businesstoconsumer e commerce, including commercial practices through which businesses enable. There was however consensus on the fact that ecommerce is increasingly being recognized by both policymakers and enterprises as a growth driver. Ecommerce site development, its advertising, electronic transaction, money transactions and such involve many legal issues, which need to be taken into account step by step. To ensure you are in compliance with tax laws, its always best to contact your states revenue agency to ensure you have the correct information on taxation before starting your ecommerce venture. Any word, sentence, symbol or design is used as a trademark. The issues of jurisdiction and choice of law for internet sales have been very. White paper addressing epayment challenges in global e. Pdf the limits of globalization legal and political.
Legal challenges for ecommerce businesses linkilaw law blog. Bizit 2006 monchai sopitkamon technical issues interoperability. Efficient delivery system and an effective supply chain and service management. No matter whether enlarges the existing ecommerce 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. Second, the european union data directive has provided an added incentive for ecommerce firms in the us to post privacy policies. Outline introduction unfair terms in ecommerce cybercrime as a challenge to ecommerce jurisdictional issues in ecommerce. United nations centre for trade facilitation and electronic business. And the term ecommerce obviously is more widespread. The impact of electronic commerce on in terms of improving customer client relationships. Legal issues of the online retailer in virginia jonathan d. Presently, very few lawfirms in india are familiar with the legal and technological aspects in ecommerce laws. It is the process of using the internet to buy or sell online.
National law institute university, bhopal coursecurriculum of e. The legal environment of electronic commerce online businesses. Though at the outset, the prospect of conducting ecommerce may seem uncomplicated and economical, there are a variety of legal factors that an ecommerce business must seriously consider and keep in mind before commencing its activities. Working papers on information systems issn 15356078 emerging legal issues of ecommerce it act 2008 farooq a. Legal aspects of e commerce in ecommerce concepts tutorial. The legal and privacy issues of doing ebusiness what laws apply to ebusiness. Ethical, social, and political issues in ecommerce in e.
It is important to always keep consumer protection issues in consideration in ecommerce. However, it must be legal, feasible, effective and innovative. Yet, such issues are extremely important to the success of ecommerce as they encompass one of the major pillars that support ecommerce applications. Intellectual property rights 30 the internet is a boundless and unregulated medium and therefore the protection of intellectual property rights iprs is a challenge and a growing concern amongst most ebusinesses. Dec 04, 2016 legal ethical issues e commerce slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. White paper addressing epayment challenges in global ecommerce. Legal issues in ecommerce anvit s shetty pgp29366, rahul rajkamal pathrabepgp29369, abhishek ranjan besrapgp29368, debsoumo daspgp29370,arun smkpgp29367 group 5 index contents introduction 2 objective 3 types of legal issues in ecommerce industry 3 ecommerce frauds 15 legal measures to control ecommerce frauds 17 compliance, enforcement mechanism and.
E commerce is the transaction between a buyer and a seller, which is done through online technologies. The it act essentially seeks to address three areas or requirements for the digital era. Mar 08, 2011 during the first few years of ecommerce, the public witnessed many frauds committed over the internet. 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. The issues such as tax loss and tax evasion are crucial in terms of countries. Removing legal and regulatory hurdles, in particular in the area of conductof.
Frynas, 2002, and two articles considered legal issues, with one of these looking at legal issues in the new world of ecommerce. To ensure you are in compliance with tax laws, its always best to contact your states revenue agency to ensure you have the correct information on. Pdf it is obvious from the foregoing that a critical analysis of legal issues, challenges and prospects of e commerce in nigeria has been carried. Common legal issues faced by ecommerce businesses eurologo. The power of the web to reach the world carries with it a variety of legal issues, often related to intellectual property concerns, trademark, privacy, etc. Legal and ethical issues digital signatures knowing whose messages come from used for 2 purposes authenticate identity of signer nonrepudiation consumer protections. Before developing an ecommerce site a registered domain and a registered trademark should be established. The advantages of fast, convenient, easy to operate, good and cheap ecommerce platform has become the primary. Electronic commerce ecommerce is so new that legal, ethical, and other public policy issues that are necessary for ecommerces existence are still evolving. Ecommerce, e business, business ethics, legal ethics, internet, security.
As regulation of ecommerce is a rising topic, the main goal of this thesis is to provide a. Tariq banday emerging legal issues of e commerce p a g e 2 in proceedings of 3 day workshop cum conference on information technology laws and related intellectual property, training the trainers programme, march 19 21, 20 10, pp. Legal issues in ecommerce anvit s shetty pgp29366, rahul rajkamal pathrabepgp29369, abhishek ranjan besrapgp29368, debsoumo daspgp29370. The exponential growth of the internet and online activity raise a number of new regulatory issues and legal questions. Legal, regulatory and policy issues of e commerce in asia.
Ethical issues in electronic commerce springerlink. Improving the relevant legal regulation of ecommerce dishonesty the rapid development of information technology has driven the vigorous development of electronic commerce, which has become an important part of the market economy. Crossborder ecommerce organized by united nations centre for trade facilitation and electronic business uncefact legal issues in ecommerce by. The importance of legal rules to electronic commerce and internet. Ecommerce fraud popped out with the rapid increase in popularity of websites. Further, in the context of creating an e commerce enabling environment, too much focus on specific e payment. Legal and ethical issues the implementation of ecommerce involves many legal issues. This chapter addresses selected legal aspects of electronic commerce. The importance of dealing with these complex legal issues has already been highlighted in light of the recent. Security concerns, spamming, web sites that do not carry an advertising label, cybersquatters, online marketing to children, conflicts of interest, manufacturers competing with intermediaries online, and dinosaurs are discussed. However, in this book we will only use the term ecommerce, because every business transaction finally is involved in selling or buying of products or services. Issue xiv march 2014 disclaimer this bulletin is for information purposes and should not be construed as legal advice.
Must comply with the same laws and regulations that govern the operations of all businesses face complicating factors the web extends a companys reach beyond traditional boundaries the web increases the speed and efficiency of business communications the web creates a network of customers borders and jurisdiction. Do you have a dotcom name upon which you can build a brand. India is considered as a profitable market for these ecommerce businesses. Must comply with the same laws and regulations that govern the operations of all businesses face complicating factors the web extends a companys reach beyond traditional boundaries the web increases the speed and efficiency of business communications the web creates a network of customers borders and jurisdiction territorial. Legal and ethical issues of ecommerce theintactone. The purpose of this report is to identify possible implications of ecommerce in. Apr 11, 2018 during the first few years of ecommerce, the public witnessed many frauds committed over the internet. Electronic commerce or ecommerce legal issues industry in india has come a long way since its early days and has been growing rapidly across the world. E commerce buyers and sellers together make up e commerce, short for electronic commerce. Pdf contemporary legal issues in electronic commerce in nigeria. Presently, very few law firms in india are familiar with the legal and technological aspects in e commerce laws. Pdf legal issues in ecommerce nilima pisharody academia. For the webbased ecommerce system, the legal issues must be considered while taking decisions to handle risks. Research on legal issues of dishonesty in ecommerce transactions.
Legal issues involved in ecommerce by m ali nasir the exponential growth of the internet and online activity raise a number of new regulatory issues and legal questions. Legal issues in ecommerce nishith desai associates. Against this background, this note examines key legal issues that need to be addressed to facilitate e transactions and to make interaction on. Trademark is used to identify a corporation or a company. Research on legal issues of dishonesty in ecommerce transactions yaoyao he1,dianfan li2 1school of law, kunming university science and technology, yunnan, 650000, china 2school of law, nanchang university, nanchang, 330000, china keywords. Jul 25, 2016 moreover, youll be subjected to serious legal problems according to australian privacy laws. It is a hot issue for both cyber and clickandmortar merchants.
Ecommerce legal considerations before you launch your store. There does not seem too much jurisprudence in india on the issue of jurisdiction in cases of ecommerce. Laws governing business incorporation, business name registration, taxation, consumer protection. Second, the european union data directive has provided an added incentive for e commerce firms in the us to post privacy policies. Given rapid technological change and the breadth of the system, the section cannot be considered either comprehensive, or timeproof. The evidentiary and authentication issues associated with elimination of or absence of paper. Recognising the importance of ecommerce policies that are innovationfriendly, technology neutral and informed by evidence and insights from information and behavioural economics. The role of taxation problems on the development of ecommerce.
1472 1299 560 1036 1061 368 696 772 1502 1467 1019 875 967 1138 1339 326 333 110 1229 1457 766 1090 51 187 1064 1008 1319