The Various Legal Implications and Legislative Concerns of Electronic-Commerce - Essay Example

Critically evaluate the above ment, explaining the various legal implications and legislative concerns of e-commerce which deserve a greater attention from business regulators and law legislators Name Institution Tutor Date Critically evaluate the above statement, explaining the various legal implications and legislative concerns of e-commerce which deserve a greater attention from business regulators and law legislators Introduction E- Commerce is a business where companies take part in selling their products through electronic services like computer networks or the internet services (Agnew, 2001, p. 67). E- Commerce draws from technological devices such as mobile technology, online marketing, supply chain management, exchange of data electronically, mobile transaction and automatic mobile transactions. This essay critically evaluates various legal implications and legislative concerns of e-commerce which deserve a greater attention from business regulators and law legislators. E- Commerce According to Schneider (2013, p. 77), E- Commerce can be considered to be a transactions feature of e- commerce. It also entails the exchange of information to ease the funding and payment characteristics of business communications. This is an actual and effective way of linking with other groups, and it is the most efficient and convenient way of controlling business around the world (Laczniak and Kennedy, 2011, p. 265). This type of business can be grouped into several categories like E-tailing on the websites using internet catalogues, and the purchasing or marketing on numerous websites or accessible market using the internet (Beynon-Davies, 2011, p. 55). E-Commerce allows the collecting and utilization of demographic information through online contacts and media services. It also allows electronic exchange of information between different business using online services. Finally, it offers effective communication between businesses (Beynon-Davies, 2009, p. 78). Therefore, the definition of E-commerce include commercial events that are company -to- company, business-to- customer, comprehensive enterprise processing this are the supply value chains, and m-commerce and d-commerce (Kanwar, Singh, and Kodwani, 2009, p. 12) . Examples of e- commerce includes, the use of electronic cards in online transactions, use of online marketing, and exchanging information through the internet (Wills, 2008, p. 45). The legal framework established is guided by several principles like every country should allow the use of online business by not providing under restriction of online activities (Heinonen, Holt & Wilson, 2012, p. 55). This is because the websites are growing and that it should be allowed to expand on its own instead of providing restrictions, which limit its expansion (Kanwar, Singh, and Kodwani, 2009, p. 33). With the legal framework, the government should aim at supporting and implement an expected, minimalist, reliable and simple lawful background for business. It should also recognize the unique qualities of electronic commerce (Ball, 2005, p. 66). Finally, online business conducted through the Internet should be eased continuously on a worldwide basis (Alder, Ambrose and Noel, 2006, p. 44). Problems tackled by the lawful framework include payment issues, protection of intellectual property, security purposes, control of content and standard development (Arvidsson, 2011, .p.55). The main activity of this initiative was to deal with the demand for a consistent way of payment negotiating approaches between consumers and businesses on the internet. Companies currently work together to provide a negotiable form of online payment (Newman and Posner, 2011, p. 555). E-commerce must also compile with the laws governing the business. For instance, in a real world, the physical boundaries concur with legal and cultural restrictions. Here, cultural activities influence the laws governing E- commerce. Thus, the connection between physical and legal borders can be described in terms of effects, power, legality, and notice (Newman and Posner, 2011, p. 555). Power is a type of control of physical location, individuals, as well as objects that exist in that given area. Jurisdiction is the ability of an administration to control a person or business (Perkins and Neumayer, 2011, p. 73). Effects imply that regulations in the geographical world are based in the connection between real proximity and the consequences, or influence, of an individual’s actions. Legitimacy means that all business partners should get involved in formulating these laws, and Notice means that ones the rules have been changed every member should be informed of the changes (Agnew, 2001, p. 12). Thus, online business might have unintentional or neglect that might be dangerous but the law courts must have evidence known as subject matter jurisdiction or personal jurisdiction to solve online business cases. A contract should have a commitment with the terms prepared with another party. Therefore, a contract should offer a commitment to the already established terms, and it should also accept the offer presented by those prepared terms and conditions (Arvidsson, 2011, .p.55). It should offer a consideration of the commodity being transacted. Parties can also establish an implied contract especially when they act as if a contract exists between them. Contracts are also valid when they are written and not signed, and other online companies accept digital signatures for contracts (Arvidsson, 2011, .p.55). For example, article 11 in the United Nation convention states that commodities sold through the internet do not require written or signature for their authorization. Business partners are also allowed to create explicit warranties whereby they can avoid an implied warrant by forming warranty disclaimer, which is a statement stating that the retailer will not respect particular or all indirect warranty (Agnew, 2001, p. 12). Intellectual properties are any products created by the human mind through individual creativity. Therefore, they are any inventions of one’s mind, touchable or vague and are protected by the government’s permitting copyrights and exclusive rights through registration of logos and service symbols (Agnew, 2001, p. 12). With modern development, intellectual property can be protected using online watermark. Crime on the website includes theft, trailing, circulation of pornography, gambling, and appropriation a computer to start attacks on other processors. Authority makes it hard for law implementation agencies to fight internet crime (Agnew, 2001, p. 12). Businesses that use online strategies in marketing must comply with the multiple taxing processes. This is because companies sell and buy products in diverse states with diverse rules and policies (Agnew, 2001, p. 12). Therefore, they may turn out to be subject to revenue, business taxes for example, excise and custom taxes, as well as property levies. A state gets the authority to tax an industry, which begins a link with the field organized by the authority. This association between the government or authority and the tax-paying individual is known as the nexus (Agnew, 2001, p. 12). Privacy disclosure in e-commerce is unregulated background with parallel monetary disclosure (Perkins and Neumayer, 2011, p. 73). A study on privacy discloser can assist accountants and security regulators to projects the regular consequences of privacy disclosure. Apart from this, the 1986 electronic law is described as the major law overseeing privacy in the use of internet (Perkins and Neumayer, 2011, p. 73). However, these laws failed to update with the technological developments (Arvidsson, 2011, .p.55). These privacy expectations transformed because the use of online services in the US makes real estate business accessible and available for different people around the region. Therefore, the privacy meant for specific people handling the transaction has reduced (Arvidsson, 2011, .p.55). Different cultures have contributed to different expectations in the E-business for instance, and the European commission uses state set of laws to watch over privacy. The USA on the other hand, allows businesses to develop policies to control themselves (Arvidsson, 2011, p.55). Companies in the USA make use of the opt-out strategy, where the corporation gathering the data supposes that the client does not protest to the business’s use of the data unless the consumer specifically opts to refute authorization. In the opt-in approach, an organization does not use the information for other purposes until the clients choose to accept the information presented (Arvidsson, 2011, .p.55). Security breaches a cautious or unintended action that guides the unauthorized entry, damage or loss of information or data system (Ball, 2005, p. 86). The use of counter measure can be applied to reduce computer threats. The use of counter measure, which is a formula, reduces or eliminates a computer threat. Therefore, the main aim of security breaches is to control, prevent insure and provide a backup for any computer destructions (Ball, 2005, p. 86). The rules and principles for managing e-commerce relate to internet retailers and more businesses that present consumer contacts by gathering customer information. These laws even apply to those that do not conduct business through the internet (Laczniak and Kennedy, 2011, p. 266). Several companies gather and maintain understanding personal report from their clients and workers like tags, addresses, communal security identities, use of credit cards, and other account figures. Protecting personal information is important because it not only protects one from laws and online business. Privacy is difficult despite the increasing online business experience (Laczniak and Kennedy, 2011, p. 266). Most of the online sites ask for personal information for security purposes. This information can be complemented with individual and personal data to create a report of the consumer’s preferences. Websites use the created profiles to market their products or present online goods and services (Laczniak and Kennedy, 2011, p. 266). Conclusion E-commerce is any business conducted through the internet, and it uses different online application to interact with the clients. Different states interact through the internet especially when buying and selling of their products. Every government has prescribed rules that protect online business. The different cultural backgrounds usually affect these rules because culture influences the application of rules. All internet users also pay taxes for their business. Finally, all laws established have advantages and disadvantages that affect business transactions. For security, purposes all websites used for business transactions ask for personal information. References Agnew, J. 2001. The new global economy: Time-space compression, geopolitics, and global uneven development. Journal of World-Systems Research 7 (2):133-154. 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