Whether its branding or getting content sorted for your eCommerce site, copyright is crucial for the protection of the company. society. What are the Legal Issues that May Possibly Arise for the E-Commerce Players in India? To avoid punitive action from state attorneys general and/or the Federal Trade Commission, prominently post on the website a carefully drafted privacy policy that accurately explains collection practices for personally identifiable information in accordance with applicable laws at the state and federal levels, and strictly comply with any such policy. Conclusion. Many e-business activities also involve transactions, so customer banking or credit card information also ends up stored online. E-Commerce Legal Issues; Privacy ; Access & Equity ; Government Revenue Streams; E-Commerce issues for Industry Regulators. Similarly, the exclusive right to exploit one's likeness for commercial gain applies to content available online. The ability to operate online has made many entities profitable. This will help you if you ever run into a legal battle and need the help of consumer rights lawyers so by being protected you already have the upper hand. 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. Selling products online is the new norm and must-have for retail. If you choose something that is similar to a trademarked name or logo, you may find yourself in hot legal waters. First, I will discuss the issues for e-commerce is security & privacy. Consider the use of provisions that address intellectual property ownership, third-party rights clearance, information security and confidentiality, and search engine optimization practices. The swindlers are active mainly in the area of stocks. Privacy and Security Concern: As of to-day, quite vulnerable issues related to e-commerce are privacy and security. It is a hot issue for both cyber and click-and-mortar merchants. Getting a trademark will secure your name. Legal Issues in E-Commerce Go to Legal Issues in E-Commerce Ch 12. The swindlers are active mainly in the area of stocks. Issues of fact arise when there are disputes as to material (important) facts. Adopt guidelines governing employees' permissible use of company websites, social media pages, and computer equipment and the content that can be displayed or published. Upload; Login; Signup; Submit Search. E-commerce 2016E-commerce 2016 Kenneth C. LaudonKenneth C. Laudon Carol Guercio TraverCarol Guercio Traver business. technology. Create Enforceable Online Contracts Traditional contract principles apply to transactions conducted online. To help owners avoid such issues, we’ve outlined below the most common legal issues faced by eCommerce entrepreneurs. It simply refers to items in question that either don’t require copyright or when the protection has expired. 1. ---AfghanistanAlbaniaAlgeriaAndorraAngolaAntigua and BarbudaArgentinaArmeniaArubaAustraliaAustriaAzerbaijanBahamas, TheBahrainBangladeshBarbadosBelarusBelgiumBelizeBeninBhutanBoliviaBosnia and HerzegovinaBotswanaBrazilBruneiBulgariaBurkina FasoBurmaBurundiCambodiaCameroonCanadaCape VerdeCentral African RepublicChadChileChinaColombiaComorosCongo, Democratic Republic of theCongo, Republic of theCosta RicaCote d'IvoireCroatiaCubaCuracaoCyprusCzech RepublicDenmarkDjiboutiDominicaDominican RepublicEast TimorEcuadorEgyptEl SalvadorEquatorial GuineaEritreaEstoniaEthiopiaFijiFinlandFranceGabonGambia, TheGeorgiaGermanyGhanaGreeceGrenadaGuatemalaGuineaGuinea-BissauGuyanaHaitiHoly SeeHondurasHong KongHungaryIcelandIndiaIndonesiaIranIraqIrelandIsraelItalyJamaicaJapanJordanKazakhstanKenyaKiribatiKorea, NorthKorea, SouthKosovoKuwaitKyrgyzstanLaosLatviaLebanonLesothoLiberiaLibyaLiechtensteinLithuaniaLuxembourgMacauMacedoniaMadagascarMalawiMalaysiaMaldivesMaliMaltaMarshall IslandsMauritaniaMauritiusMexicoMicronesiaMoldovaMonacoMongoliaMontenegroMoroccoMozambiqueNamibiaNauruNepalNetherlandsNetherlands AntillesNew ZealandNicaraguaNigerNigeriaNorth KoreaNorwayOmanPakistanPalauPalestinian TerritoriesPanamaPapua New GuineaParaguayPeruPhilippinesPolandPortugalQatarRomaniaRussiaRwandaSaint Kitts and NevisSaint LuciaSaint Vincent and the GrenadinesSamoaSan MarinoSao Tome and PrincipeSaudi ArabiaSenegalSerbiaSeychellesSierra LeoneSingaporeSint MaartenSlovakiaSloveniaSolomon IslandsSomaliaSouth AfricaSouth KoreaSouth SudanSpainSri LankaSudanSurinameSwazilandSwedenSwitzerlandSyriaTaiwanTajikistanTanzaniaThailandTimor-LesteTogoTongaTrinidad and TobagoTunisiaTurkeyTurkmenistanTuvaluUgandaUkraineUnited Arab EmiratesUnited KingdomUruguayUzbekistanVanuatuVenezuelaVietnamYemenZambiaZimbabwe. Some of the ethical, social, and political issues raised in each of these areas include the following: Fraud on the Internet; E-commerce fraud popped out with the rapid increase in popularity of websites. While certain states have enacted laws that impose obligations on resident businesses or businesses with in-state physical facilities to pay such taxes, others do not currently have a similar requirement. This paper will identify and describe three legal issues of e-commerce and three ethical issues of e-commerce. Since financial transactions are the backbone of e-commerce, if not the entire purpose of it, any hesitation on the part of the customer when it comes to making online payments could spoil the e-commerce party. Since 2000, the UNCTAD eCommerce and Law Reform Programme has supported developing countries in Africa, Asia and Latin America in their efforts to establish legal regimes that address the issues raised by the electronic nature of ICTs to ensure trust in online transactions, ease the conduct of domestic and international trade online, and offer legal protection for users and providers … Consider Domain Name Selection Consider carefully any third-party trademark rights that may attach to a particular URL in order to avoid using a domain name that violates third-party trademark rights. In such a case, the protection of user data has also become a major challenge in the online world. Most people incorporate their online business in order for personal liability protection so that their own assets aren’t at risk if debts or bankruptcy occurs. But deployment of electronic contracts poses a lot of challenges at three levels, namely conceptual, logical and implementation. Seek Available Immunity for Copyright Infringement Given the ease with which material can be obtained and posted online, avoiding copyright infringement based on the use, display, reproduction, or distribution of content posted on social media pages or proprietary websites will always be a concern for e-commerce businesses. The legal and regulatory framework for global e-commerce is quickly being outpaced by market innovation, and many countries do not yet have a legal system for e-commerce in place. Provide Information Security Implement an information security program consistent with the standard generally recognized under federal law and any applicable industry-specific or unique state law requirements in order to protect sensitive data accessible or stored in connection with online websites. The federal Digital Millennium Copyright Act of 1998 (DMCA) lays out certain safe harbors for Internet service providers that could provide protection from such claims. Liesl Briel Cyberlaw Consulting CC 2. Learn deep insights about selling more and growing your business. If your whole operation conducts all of its activity through your website, not being incorporated can cause real issues. so by being protected you already have the upper hand. Learn how to protect your brand from SEO manipulation, cybersquatting, and phishing scams, Privacy policies are often overlooked. It’s important to be aware, that the trademark and patent office will not register a domain name as a trademark unless that domain name can genuinely claim to be unique. Be Mindful of Jurisdiction Because electronic transmissions through the internet reach parties throughout the world, businesses may become subject to the laws of many different countries or states within the United States when engaging in e-commerce activities. You don’t want your rivals to have a brand that’s a replica of yours. You’re not exempt because you’re online so make sure you contact your government’s tax agency to find out full information on what you’ll have to pay and charge. In legal terms, this is called a “nexus,” and each state defines nexus differently. To ensure you are in compliance with tax laws, it’s always best to contact your state’s revenue agency to ensure you have the correct information on … Become familiar with the safe harbor requirements and consider taking the steps necessary to obtain available immunity from claims of copyright infringement. Electronic commerce, commonly known as e-commerce or eCommerce, refers to the Internet based industry of buying and selling products or services via electronic means. Payment processing and security are two of the issues most often asked about in e-commerce. 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, media and entertainment laws, international financial and tax laws and corporate and securities laws. With expert task forces, online educational training, legal consulting services, and annual global summits, GECC offers an open forum to identify and develop e-commerce best practices and strategies on an international level. This can potentially cause major issues for consumers and you as the owners. One leak could cause the loss of custom, reputation damages, and legal proceedings against your company. As your brand gains traction, you may be susceptible to identity thefts including fake websites and social media handles in an attempt to divert traffic. Home; Explore; Successfully reported this slideshow. In the future, if you’re planning on gaining investment for your company, maybe even employ staff, becoming incorporated is a crucial step to enable this future growth. Remember the Rights of Privacy and Publicity Privacy laws, including laws designed to protect medical records, financial information, and information about children or teenagers, apply to information collected online. Protecting Your Customer’s Privacy Online. E-Commerce Legal Issues As increasing numbers of consumers and business customers turn to the internet to purchase a wide range of goods, services and digital content, it’s important for online traders to understand the relevant regulations and ensure that they have processes in place to keep them on the right side of the law. 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. The first thing you’ll need to consider is to obtain your domain name or website address. In fact, there are several legal issues eCommerce businesses should consider before diving into the brave new world of online business. Conclusion, after we discuss these all the issues for e-commerce, we already know that what is the impact of that all issues to society and IT industry so we need to learn from the issues so that we can make it better and improve the efficiency for e-commerce. Many businesses and products are easily available to consumers at the click of a button. Technical Issues: Security (DOS) • Denial of Service (DOS) • Two primary types of DOS attacks: spamming and viruses • Spamming – Sending unsolicited commercial emails to individuals – E-mail bombing caused by a hacker targeting one computer or network, and sending thousands of email messages to it. Understanding the Legal Aspects of E-Commerce presents the thoughts of leading lawyers on defending intellectual property, navigating privacy concerns, and negotiating contracts. The range of legal issues to consider and manage continues to grow, and ignoring this reality could lead to financial liability, regulatory penalties, or unauthorized exploitation of company intellectual property. to ensure you don’t end up picking something that’s already been taken. When it comes to eCommerce business there are many legal issues that can arise due to the specific nature of the operation. Social and ethical issues in commerce 1. The purpose of the Directive is to remove obstacles to cross-border online services in the EU and provide legal certainty to business and citizens. Therefore, if you’re not creating the content yourself, you should buy a warranty from the seller or licensor stating that the seller owns all the rights in it and agrees to protect you if someone else sues you for using it. E-Business and Legal Issues The technological basis of e-commerce is basically Web client/server middleware, or what is called three-tier architectures. During the first few years of e-commerce, the public witnessed many frauds committed over the internet. Social and Ethical Issues In E-commerce 01/29/15 www.blogspot.com 2. E-commerce is a commercial sector where transactions are possible with the help of internet connection. integrity – the exchanged information must not be altered or tampered with. The three main legal areas you need to consider are privacy and data collection, intellectual property issues, and rules and regulations of the FTC and other consumer protection bodies. (secure certificate) installed on your website to ensure the safety of people’s personal details (including payment details). It’s a huge convenience for consumers and becoming their preferred way to shop. Not getting your trademark protected is one of the main legal issues in the field of e-commerce. Bogus orders, fake websites, illegal purchases, etc. 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. Consider Agreements with Online Service Providers Negotiate carefully all written agreements with contractors that provide website design, hosting, advertisement, or other related online services. SlideShare Explore Search You. Nearly all companies now use online or mobile websites and/or social media network pages to promote their businesses, sell goods or services, conduct business transactions, and connect and communicate with customers, clients, or other businesses. Legal Aspects of e-Commerce By Adv. Payment and Tax Related Issues: Legal issues in eCommerce Incorporation Issues. twelfth edition Kenneth C. LaudonKenneth C. Laudon Carol Guercio TraverCarol Guercio Traver business. 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