Legal Issues in e-commerce

Legal Issues in E-Commerce
ANVIT S SHETTY (PGP29366), RAHUL RAJKAMAL PATHRABE(PGP29369), ABHISHEK RANJAN
BESRA(PGP29368), DEBSOUMO DAS(PGP29370),ARUN SMK(PGP29367)
GROUP 5
1
INDEX
Contents
Introduction ..................................................................................................................... 2
Objective ......................................................................................................................... 3
Types of Legal Issues in Ecommerce Industry ................................................................ 3
E-Commerce frauds ...................................................................................................... 15
Legal measures to control E-Commerce frauds ............................................................ 17
Compliance, Enforcement mechanism and its effectiveness ........................................ 21
Role of Industry in promoting legal awareness ............................................................. 25
Impact of Technology on E-commerce business laws................................................... 28
Contracts in E-Commerce ............................................................................................. 30
Comparison of Contract terms under Indian law, Model law & ITB ............................... 31
Conclusion .................................................................................................................... 33
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Introduction
E-commerce can simply be defined as conducting business on-line. The Organization for
Economic Cooperation and Development (OECD) defines E-commerce as a new way of
conducting business, qualifying it as business occurring over networks which uses non-
proprietary protocols that are established through an open standard setting process such
as the Internet.
Broadly defined, e-commerce encompasses all kinds of commercial transactions that are
conducted over an electronic medium or network, essentially, the Internet. Electronic
commerce covers three main types of transactions - business-to-consumer (B2C),
business-to-business (B2B), and business-to-government (B2G).
In countries like USA it has been estimated that in 1999 the value of "e-commerce"
amounted to about $500 billion. However, in view of the new environment, a number of
laws have been enacted or are under consideration to supplement or, where necessary,
modify the traditional law so as to make it more readily applicable to e-commerce.
In India e-commerce shows a huge potential having middle class of 288 million people,
online shopping shows unlimited potential in India. However, many technological, legal
and regulatory challenges have the limited growth of electronic commerce in India.
Presently, very few law-firms in India are familiar with the legal and technological aspects
in e-commerce laws. Lawyers in India must upgrade their skills and knowledge in the fast
growing fields like cyber law, e-commerce, etc.
Although we do not have a dedicated e-commerce law in our country, the Information
Technology act 2000 (IT Act 2000) is the only cyber law of India, which is regulating e-
commerce business and transactions in India
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