This paper examines these legal issues within the context of the current legal and regulatory framework for electronic commerce in nigeria. E commerce has developed as an effective and important tool. However, there are some legal issues that should be considered when engaging in e commerce in the uae, and set out below is an overview of these issues below. 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. Internet businesses have a legal obligation to protect the private information of their customers.
Legal guide and further discussion on the role of smes in ecommerce particularly timely. Liability issues, data protection and fraud management can present significant legal challenges for ecommerce businesses. The legal and privacy issues of doing e business what laws apply to e business. 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. Intention to create legal relations the website provider will want to structure its. Dec 04, 2016 legal ethical issues e commerce slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Many ecommerce sites directly ask users for personal information through forms. Within each of the priority areas, private sector and government priorities must be. Technological, security and legal issues in ecommerce. Ecommerce electronic commerce or ec is the buying and selling of goods and services, or the transmitting of funds or data, over an electronic network, primarily the internet. Ecommerce or electronics commerce is a methodology of modern business, which addresses the requirements of business organizations. Abstract electronic commerce ecommerce is so new that legal, ethical, and other public policy issues that are necessary for ecommerces existence are still evolving.
In this ecommerce regulations guide we discuss these four issues and provide details that every ecommerce site. The technological basis of e commerce is basically web clientserver middleware, or what is called threetier architectures. Laws governing business incorporation, business name registration, taxation, consumer protection. Pdf legal framework for ecommerce transactions and. Ethical, social, and political issues in ecommerce in e. For the interoperability to work, the same set of rules protocols must be followed. 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. Pdf legal issues relating to ecommerce saleem marsoof. The amount of trade conducted electronically has grown extraordinarily with widespread internet usage. Many e business activities also involve transactions, so customer banking or credit card information also ends up stored online. Legal considerations for ecommerce businesses insights. An analysis of present status, challenges and opportunities dr.
It is essential that legal rules are set and applied appropriately to ensure that digital technology does not undermine the basic doctrine of and related rights. Ethics and e commerce ethical, political, and social issues. One needs to be careful while doing e commerce activities. Ecommerce law and its legal aspects international journal of law. 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. Consumer protection in ecommerce oecd recommendation. The client tier is the web browser involving some type of form processing. 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. Legal issues in ecommerce nishith desai associates. Within each of the priority areas, private sector and government priorities must be balanced. Ecommerce allows consumers to electronically exchange goods and sources with no. Legal, ethical problems failures, enron dysfunctional aspects of the new economy with e business legal and ethical issues legal, ethical and regulatory issues ethical or regulatory issue in ecommerce what are some of the major ethical, legal. Legal framework for ecommerce transactions and consumer protection.
Ecommerce is also one of the business options that one will have to explore in future. In e commerce, as in traditional business, laws establish norms of conduct which promote honesty and fair play and provide methods for addressing disputes. Since trademark is your companys logo and symbol, the representation of your business all over the web, it must be protected. Yet, such issues are extremely important to the success of ecommerce as they encompass one of the major pillars that support ecommerce applications. Pdf legal issues in ecommerce nilima pisharody academia. Some of the important regulations you will need to learn about before starting your online retail business include protecting consumer privacy, handling customer data, collecting taxes and. Hence, the paper succeeded in identifying some of the issues and challenges facing the smooth operation of ecommerce in nigeria which include. It is essentially cover all the activities on internet and induce the customer to purchase the product over the internet. Bigcommerce connects with multiple payment gateways, so you have the freedom to choose the ones that are right for your business. Some of the significant issues that arise with respect to protecting iprs in e commerce are. Pdf the explosion of ecommerce businesses has seen the growth of number of the online businesses worldwide.
This article is meant to touch on some of the legal issues. Other portions of this article were published in conjunction with a seminar entitled legal issues of the online retailer in virginia, also through lorman education services. It can be broadly defined as the process of buying. Identify the four main dimensions that e commerce ethical, political, and social issues fall into and provide an example of how each dimension may apply to an individual. 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. Ecommerce has developed as an effective and important tool. In ecommerce, as in traditional business, laws establish norms of conduct which promote honesty and fair play and provide methods for. 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. Some of the important regulations you will need to learn about before starting your online retail business include protecting consumer privacy, handling customer data, collecting taxes and complying with online advertising regulations. However, it must be legal, feasible, effective and innovative. For the webbased ecommerce system, the legal issues must be considered while taking decisions to handle risks.
Electronic commerce or ecommerce has evolved over the years to become a major channel through which businesses can exchange goods and services, coordinate production and. In general, all existing laws that apply to traditional commerce apply. E commerce s technological, organizational, and commercial innovations have also introduced new legal problems that existing business laws dont cover. Consumer protection in ecommerce oecd recommendation 2016 digital economy policy legal instruments. The exponential growth of the internet and online activity raise a number of new regulatory issues and. Trademark is used to identify a corporation or a company. Described below are some of the common legal issues an ecommerce business faces. Technological, security and legal issues in ecommerce free download as powerpoint presentation. While ecommerce has witnessed extensive growth in last decade, consumers concerns regarding ethical issues also continue to increase. Ethical issues in e commerce on the basis of online retailing 1sinan nardal and 2ayse sahin 1department of international trade, school of applied sciences, celal bayar university, 45040 manisa, turkey 2department of business, faculty of economics and administrative sciences, university of mersin, ciftlikkoy campus, 33343 mersin, turkey. However, there are some legal issues that should be considered when engaging in ecommerce in the uae, and set out below is an overview of these issues below.
Companies have added subsidiaries in many countries, formed cooperative alliances, listed shares on multiple stock exchanges around the globe, engaged in global crossborder debt financing, and set up service centers that utilize technology to provide seamless customer support around the world. Ecommerce sites use encryption to secure creditcard data transmitted by customers. Security features such as authentication, nonrepudiation and escrow services can protect the sellers in ecommerce. It is why the big eretail brands have separate teams to take care of the legal issues. It covers businesstobusiness and businesstocustomer issues, regulatory. Ethical issues in ecommerce on the basis of online retailing. Moreover, youll be subjected to serious legal problems according to australian privacy laws. This treatises organization facilitates finding quick answers to questions. It covers businesstobusiness and businesstocustomer issues, regulatory issues, and emerging trends. E commerce electronic commerce is the activity of electronically buying or selling of products on online services or over the internet.
Jul 25, 2016 moreover, youll be subjected to serious legal problems according to australian privacy laws. Pdf contemporary legal issues in electronic commerce in nigeria. The legal issues associated with ecommerce can conveniently be divided into three groups. Finally, users need to be assured that any legal issues relating to agents trading electronically are fully covered as they are in traditional trading practices. Electronic commerce, commonly known as e commerce or ecommerce, or e business consists of the buying and selling of products or services over electronic systems such as the internet and other computer networks. Any word, sentence, symbol or design is used as a trademark. Legal issues of the online retailer in virginia jonathan d. Common legal issues faced by ecommerce businesses eurologo. E commerce activity often involves collecting secure data such as names and phone numbers associated with email addresses. While these ecommerce businesses confront a variety of the same legal issues faced by traditional brickandmortar companies, they also must manage other challenges that are unique to conducting business operations and transactions in an electronic environment. Naveen kumar, assistant professor in commerce, government degree college, panarsa, mandi, himachal pradesh, india. Not getting your trademark protected is one of the main legal issues in the field of ecommerce. Some of the ethical, social, and political issues raised in each of these areas include the following. E commerce is commonly known as electronic commerce and now already become a virtual main street of the world.
Electronic commerce draws on technologies such as mobile commerce, electronic funds transfer, supply chain management, internet marketing, online transaction processing, electronic data interchange edi. Ecommerce has a tremendous impact on and related issues, and the scope of s is affecting how ecommerce evolves. If ecommerce businesses lead to exposure and advantages for businesses. Determining the subject matter of protection patent example ascertaining novelty originality enforcing iprs preventing unauthorized hyperlinking and meta tagging. The legal issues associated with e commerce can conveniently be divided into three groups. Ecommerce provides tremendous opportunities in different areas but it requires careful application for consumer protection issues. While these ecommerce businesses confront a variety of the same legal issues faced by traditional brickandmortar companies, they also must manage other challenges that are. Ecommerce is a new form of business which heavily incorporates technology, and lawmakers need to keep up by enacting laws which are able to adapt in order to curb arising legal concerns.
Security features such as authentication, nonrepudiation and escrow services can protect the sellers in e commerce. Lowers transaction costs estimates of future use in the trillions of dollars of activity. It is currently one of the most important aspects of the internet to emerge. Electronic commerce, commonly known as ecommerce or ecommerce, or ebusiness consists of the buying and selling of products or services over electronic. Treatise with forms is a complete legal authority on ecommerce and internet law. The ability of systems running in different operating environments to communicate and work together. Even many consumers and businesses are revelling in. If you continue browsing the site, you agree to the use of cookies on this website. Legal issues in ecommerce aashit shah and parveen nagree nishith desai associates nishith desai associates nda is a research based international law firm based in mumbai. Electronic commerce, commonly known as ecommerce or ecommerce, refers to the internet based industry of buying and selling products or services via. Just like traditional commerce, ecommerce is made up of transactions and agreements between actors along the supply chain. The development of new technologies has meant that commercial transactions and contracts can now be entered into via a variety of electronic means. Encryption the scrambling of data from plain text into code once it is sent from a. E commerce allows consumers to electronically exchange goods and sources with no.
Outline introduction unfair terms in ecommerce cybercrime as a challenge to ecommerce jurisdictional issues in ecommerce. Ecommerce activity often involves collecting secure data such as names and phone numbers. However, in addition to such information, many sites also record data about their users browsing habits. The evidentiary and authentication issues associated with elimination of or absence of paper.
Ethics are the values, the moral principles, and beliefs that people use to analyze, to interpret, to understand, and to decide on what is good or bad, legal or illegal. Electronic commerce regulations 2002, companies act 2006 and consumer. Even many consumers and businesses are revelling in e commerce. United nations centre for trade facilitation and electronic business. Ecommerce electronic commerce is the activity of electronically buying or selling of products on online services or over the internet. Ecommerce legal considerations before you launch your store. Ecommerce and the law anna soilleux and katherine teasdale may 2014.
The middle tier is the web server, often with transaction processing. Understand that international trade no longer simply means importing and exporting. Ethical issues in ecommerce on the basis of online retailing 1sinan nardal and 2ayse sahin 1department of international trade, school of applied sciences, celal bayar university, 45040. While these e commerce businesses confront a variety of the same legal issues faced by traditional brickandmortar companies, they also must manage other challenges that are unique to conducting business operations and transactions in an electronic environment. Require transaction fees, termination fees, monthly fees, or setup fees. One needs to be careful while doing ecommerce activities. While e commerce has witnessed extensive growth in last decade, consumers concerns regarding ethical issues also continue to increase. Without incorporation, your business has no shelter. Legal issues in ecommerce 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, ecommerce, telecommunications. The technological basis of ecommerce is basically web clientserver middleware, or what is called threetier architectures. Nowadays, the internet has created a new function called e commerce. The need to educate the public about the ethical and legal issues related to e commerce is highly important from a buyer as well as seller perspective. Recognising the importance of e commerce policies that are innovationfriendly, technology neutral and informed by evidence and insights from.
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