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1 – 10 of over 7000This paper aims to note how in-line the laws of each country are with the current best recommendations. The focus will be on the UAE and the UK for the purpose of creating a…
Abstract
Purpose
This paper aims to note how in-line the laws of each country are with the current best recommendations. The focus will be on the UAE and the UK for the purpose of creating a contrast between countries which have different regulations in general and between contrasting countries.
Design/methodology/approach
This paper seeks to critically analyze the state of e-commerce contract laws in terms of what forms a part of the law normally and to what extent the similarities have been enacted in the international laws. A critical analysis of the information derived through the search was undertaken. This methodology was to ascertain the viability of the information in terms of its consistency with the contemporary laws in each country relating to e-commerce. Comparisons were made on topic-by-topic basis within the searches.
Findings
It was clear through the information reviewed from both the UAE and the UK that both countries’ laws are advanced in terms of being inclusive of the best common practices noted by the Organization for Economic Co-operation and Development (OECD). This shows that both countries, through their vastly different legal structures, have implemented similar laws with regard to e-commerce.
Originality/value
This report is original in its value to e-commerce laws, as it is the first to consider how different countries e-commerce contract laws lineup to the OECD-recommended rules related to it. The value of this research is to show to what degree is there cohesion within the e-commerce laws on an international level.
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Rakesh Belwal, Rahima Al Shibli and Shweta Belwal
Within a larger mandate of reviewing the key global trends concerning consumer protection in the electronic commerce (e-commerce) literature, this study aims to study the legal…
Abstract
Purpose
Within a larger mandate of reviewing the key global trends concerning consumer protection in the electronic commerce (e-commerce) literature, this study aims to study the legal framework concerning e-commerce and consumer protection in the Sultanate of Oman and to analyse the current regulations concerning e-commerce and consumer protection.
Design/methodology/approach
This study followed the normative legal research approach and resorted to the desk research process to facilitate content analysis of literature containing consumer protection legislation and regulatory provisions in Oman in particular and the rest of the world in general.
Findings
The study reveals that consumer protection initiatives in Oman are well entrenched for offline transactions, but are relatively new and limited for e-commerce. In spite of the promulgation of consumer protection laws, electronic transaction law and cybercrime law, consumer protection measures for e-commerce in Oman do not address a large number of the global concerns necessary to build consumer confidence and trust in the online environment.
Research limitations/implications
There is a dearth of information concerning Oman on this topic in the extant literature. The research also witnessed the lack of empirical data on the issue of consumer protection and e-commerce in Oman that offer a detailed database of consumer complaints and associated outcomes.
Practical implications
The mechanism of consumer protection in electronic transactions is not robust in many countries. Because of the lack of comprehensive and robust legislation, consumers remain vulnerable in the online contractual purchase process. Moving beyond the fragmented legislation, many countries are currently mulling an all-comprehensive e-commerce law, implications of this paper will help the policymakers in identifying the focus areas.
Social implications
Consumer protection is a burning global issue in this era of consumerism. It is important to build consumer trust, transparency and integrity of transactions to reduce the risk and uncertainties of purchase.
Originality/value
Consumer protection studies conducted in the context of Oman, hitherto, deal more with data protection and dispute resolution mechanisms, and less with legal provisions, regulations and consumer confidence. The study shares newer insights based on a systematic review of legal and business databases. It is the first study of its kind in the context of Oman and the Middle East in general.
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Qin Hu, Xun Wu and Clement K. Wang
Although electronic commerce (e‐commerce) can be a source of competitive advantage, will e‐commerce businesses in countries like China flourish when governments still take a…
Abstract
Although electronic commerce (e‐commerce) can be a source of competitive advantage, will e‐commerce businesses in countries like China flourish when governments still take a “wait‐and‐see attitude” as to prompting, protecting, and regulating e‐commerce? The paper employs transaction cost economics in analyzing the role of government in regulating electronic contracting. Due to the transaction costs arising from e‐commerce, explicit contracts between parties are usually incomplete. The paper argues that these contracts should always be backed by implicit contracts, which are determined by default rules in various governments. Therefore, it behoves governments urgently to fill gaps in incomplete contracts in e‐commerce in order to foster a predictable legal environment for e‐businesses, minimize legal risks and transaction costs, and maximize economic and social benefits. The authors believe that governments must also act in concert with one another at the international level to create a favorable and consistent commercial environment.
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The purpose of this paper is to critically examine the Indian IT Act 2000 and IT (Amendment) Act 2008 in the light of e‐commerce perspective to identify the present status of…
Abstract
Purpose
The purpose of this paper is to critically examine the Indian IT Act 2000 and IT (Amendment) Act 2008 in the light of e‐commerce perspective to identify the present status of e‐commerce laws in India.
Design/methodology/approach
The paper presents a critical reflection on the current e‐commerce laws in India. The paper is based on the Indian IT Act 2000 and IT (Amendment) Act 2008. The paper presents critical content analysis of various provisions of IT Act in e‐commerce prespective. The paper also highlights legal issues arising from e‐commerce.
Findings
There are many important issues which are critical for the success of e‐commerce that have not been covered or properly addressed by IT Act. The paper reveals that the present IT Act is weak on various fronts and in the absence of sound legal framework e‐commerce cannot create a success story in India. Indian Government must appreciate that for safe and secure business environment on cyberspace, a sound legal framework is needed. This paper suggests that there is strong need to introduce separate laws for e‐commerce in India.
Practical implications
The paper identified various loopholes/problems/weakness of existing e‐commerce laws in India. These issues should be addressed by Goverment of India to protect the interests of Indian software industries, BPO sector and other stakeholders.
Originality/value
The issue identified in the paper is somewhat new, timely and interesting, taking into consideration its importance to economic development in emerging economies such as India.
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Ambareen Beebeejaun and Rajendra Parsad Gunputh
E-commerce is gaining popularity across the globe and Mauritian businesses are also increasingly making use of online platforms to engage in cross-border electronic transactions…
Abstract
E-commerce is gaining popularity across the globe and Mauritian businesses are also increasingly making use of online platforms to engage in cross-border electronic transactions. However, there are several implications arising from online trading which need to be addressed, among which one is the validity of e-contracts. This research will therefore emphasise on two main components of e-contracts: choice of law and the applicable jurisdiction. While Mauritian laws were amended to give effect to digital signatures and e-agreements, there is no extensive or substantive domestic legal provision on choice of law and jurisdiction. Hence, the purpose of this study is to advocate for a greater clarity on the legal framework governing the applicable law and jurisdiction governing a conflict situation in e-contracts, with the view of increasing trust in international e-commerce and to bring in consistency with international commercial relations. This study will be carried out in the Mauritian context by adopting the black letter approach which will analyse the relevant rules and regulations concerning e-contract formation and validity. Additionally, a comparative analysis will be conducted on the legal framework relating to the applicable law and jurisdiction in e-contracts for selected countries: the European Union and the United States. These countries have been chosen for the comparison due to their high involvement in e-commerce and their advanced as well as comprehensive rules on e-commerce.
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Dubai’s Electronic Transactions Law (“ETL”) is designed to stimulate E‐commerce in the emirate by improving the authenticity and integrity of electronic transactions. The ETL…
Abstract
Dubai’s Electronic Transactions Law (“ETL”) is designed to stimulate E‐commerce in the emirate by improving the authenticity and integrity of electronic transactions. The ETL recognizes the legal validity of electronic documents and electronic signatures as acceptable substitutes for paper documents and ink signatures, respectively. Accordingly, electronic records may be used to comply with a statutory writing requirement, original document requirement and retention requirement, and an electronic signature attached to an electronic document may be used to comply with a statutory requirement for a paper‐and‐ink signature. If all parties are in agreement, a contract may be in electronic form and is just as legally enforceable as a written one. The ETL does not mandate Dubai’s governmental agencies to utilize electronic documents, but they may elect to do so. The ETL has created a compulsory system of licensing of Certification Authorities (“CA”). Their role is to ascertain the identity of a subscriber and to attest in an issued Certificate that the electronic signature used by that subscriber belongs to him. The ETL contains a list of computer crimes. The statute establishes a sound framework for E‐commerce, but it could be improved by adding consumer protections, more computer crimes, mandatory Egovernment, I.T. courts and long‐arm jurisdiction. The ETL’s exclusion of wills should be eliminated.
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Ruilin Zhu, Aashish Srivastava and Juliana Sutanto
Despite grave public concerns over information privacy and ongoing academic explorations of privacy policy, there is a general lack of understanding toward this issue in the legal…
Abstract
Purpose
Despite grave public concerns over information privacy and ongoing academic explorations of privacy policy, there is a general lack of understanding toward this issue in the legal context in China, the largest e-commerce market in the world. Departing from the extant literature of general discussion in nature, the authors undertook an exploratory study on the efficacy of e-commerce websites' privacy policies in China from the legal perspective.
Design/methodology/approach
The authors drew on a qualitative grounded theory approach to identify selective codes relating to the focal issue and established a theoretical framework therefrom. The authors then conducted theoretical integration by linking them to the Theory of Development Blocks and the System Justification Theory.
Findings
The research identifies a general distrust of Chinese consumers toward privacy policies and highlights that despite their growing concerns about privacy, the privacy policies are largely ineffective in reflecting legal enforcement, changing their perceptions or influencing purchase behaviors. It also reveals that the current Chinese legislation is unable to fully render consumers' confidence in e-commerce websites' privacy policies effectiveness and privacy protection due to its limited recognition and influences among them.
Originality/value
The research has multiple ramifications. The authors empirically confirmed a mismatch between customers' perception of privacy policies and their actual behaviors and then theoretically explained the seemingly conflicting scenario in the context of development block of legal enforcement and system justification. The authors theorized the absence of the legal enforcement in privacy policies to supplement the legal perspective to the literature. The research further leads us to suggest that the time has come to update and strongly enforce privacy regulation in China to fuel the further development of e-commerce sector in practice.
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The US Supreme Court has stated, “The content of the Internet is a diverse as human thought.” It may also be surmised that the Internet is nothing more than a new medium and that…
Abstract
The US Supreme Court has stated, “The content of the Internet is a diverse as human thought.” It may also be surmised that the Internet is nothing more than a new medium and that the application of competition law to the Internet may be as broad as all of competition law itself. The diversity of the Internet constitutes a guide to finding thoughtful competition law solutions to e‐commerce phenomena under EU law in (i) merger control, (ii) horizontal and vertical restraints analysis under Article 81 EC (exclusive distribution, selective distribution, music licensing), (iii) abuse of dominant position under Article 82 EC.
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Jungran Cho, Byunghee Ahn, Kyoungseo Hong and Inkyo Cheong
As a countermeasure to the COVID-19 pandemic, countries are implementing social distancing and mask-wearing. In this situation, the use of digital devices and untact activities…
Abstract
As a countermeasure to the COVID-19 pandemic, countries are implementing social distancing and mask-wearing. In this situation, the use of digital devices and untact activities are increasing. As a result, domestic and international e-commerce is increasing, and data is growing rapidly. Developed countries with advanced artificial intelligence and big data technologies have been striving to establish international regulations for digital trade in order to create a business environment that is advantageous for their own companies. This paper examines the e-commerce trend since the outbreak of COVID-19 and analyzes major issues related to digital trade rules under discussion. In particular, this paper pointed out that although Korea is recognized to be an advanced country considering its stage of industrial development and income level, the nation maintains the position of developing countries regarding digital trade. Based on this, this paper attempted to draw implications for the development of Korea's digital trade in the post COVID-19 world.
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Cybersecurity and data protection concerns have gained notoriety in past years intensified by the Facebook-Cambridge Analytica “scandal” in early 2018, which exposed millions of…
Abstract
Cybersecurity and data protection concerns have gained notoriety in past years intensified by the Facebook-Cambridge Analytica “scandal” in early 2018, which exposed millions of individual data. This case revealed that both regulatory measures and data protection mechanisms were, and still are, insufficient, with several countries reforming or promulgating new legislation. The Article 19 EU General Data Protection Regulation (GDPR) contains controversial extra-territorial provisions, which might violate State Sovereignty principles. It is still unknown how the GDPR will be implemented. This chapter reveals data protection as an Ethics discipline, considering that it is a fundamental right of individuals to share or not to share data, vis-á-vis the rights to have the personal data well-protected. The empirical research will be developed based on the need to build up a concept of Responsible Entrepreneurship in the technology sector, applied to cross-border e-commerce. The Digital Silk Road is the case study selected since it represents a complex international cooperation initiative done without institutionalization yet with eminent data surveillance concerns when building network infrastructure and satellite navigation systems.
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