Out-of-court dispute resolution policy in EU electronic commerce

The idea of common electronic market in European Union is frequent question in many aspects. From the legal point of view it is necessary to define unfair competition in this field. It includes domain name grabbing, cybersquatting, spamming and other ways of disrupting competitor’s activities. Legal regulation of e-commerce is developing very slowly but we have already achieved some victories. Directive on certain legal aspects of information society, in particular electronic commerce, in Internal Market (2000) was followed by the regulation of .eu domain names (2002, 2004) and others. This paper is focusing on out-ofcourt dispute resolution policy in EU electronic commerce, especially includes the way of so called Alternative Dispute Resolution (ADR) in .eu domain name cases. It presents results of research of more then 200 ADR decisions made by The Czech Arbitration Court which is the only arbitration board within European Union authorized to solve .eu domain name disputes and it is able to administer ADR in all official European Union languages.Alternative dispute resolution, bad faith, complainant, Czech Arbitration Court, cybersquatting, domain name, electronic market, legitimate interest, unfair competition

Электронная коммерция в Украине : проблемы правового регулирования

The article high lights the problems of legal regulation of electronic documents and e-commerce in Ukraine. Digital signature as one of the instruments regulating relations in the field of electronic commerce is considered

Electronic Contracts:An Analysis of the Law Applicable to Electronic Contracts in England and Wales and its Role in Facilitating the Growth of Electronics

Electronic commerce has been described as unique, in the opportunities it creates for economic growth and its potential to revolutionise the way business is done. Although initial expectations and predictions have proven rather optimistic, it must nevertheless be accepted that electronic commerce has firmly established its place in the economies of the United Kingdom and European Union. Although considerable work and discussion has surrounded the creation of a regulatory framework for electronic commerce, insufficient attention has been given to the most fundamental element - the legal regime applicable to electronic contracts. Electronic contracts form the basis of electronic commerce. Parties have been contracting electronically for some time. However, electronic contracts have unique qualities and attributes making them sufficiently `different' to contracts entered by more `traditional' means to raise questions of the applicability and appropriateness of existing legal principles. This work is an examination of the legal environment within which electronic contracts are made. If electronic commerce is to reach its economic potential there must be a stable and predictable legal environment for electronic contracts. In this thesis the existing common law and regulatory principles are analysed, in the context of electronic contracts, to examine whether their application has the potential to create a stable legal environment. It is argued that a combination of, uncertainty in the common law; dated concepts in regulatory measures; and the introduction of new regulation without sufficient consideration of the nature of the electronic environment, has resulted in a lack of clarity in the law applicable to electronic contracts.EThOS - Electronic Theses Online ServiceGBUnited Kingdo

Legal Protection for Consumers Who Experience Losses in Transactions Buy and Sell Online

Buying and selling transactions through electronic media or e-commerce is one form of trade transaction that is most influenced by the development of information technology. Through this trading transaction, the concept of traditional markets (where sellers and buyers physically meet) has changed to the concept of telemarketing (long-distance trading via the internet). The type of research used in this research is normative legal research. Users tempted by fake gifts, High unemployment and poverty Legal protection for consumers who are harmed in E-Commerce transactions is listed in Article 53 Paragraph (1) letter b Government Regulation Number 71 of 2019 concerning Trading Through Electronic Systems If there is a dispute in Trading Through Electronic Systems, the parties can resolve disputes through courts or through other dispute resolution mechanisms in accordance with Article 72 (1) Government Regulation Number 71 of 201

Farmácia electrónica: sobre a comercialização de medicamentos na Internet

Electronic Pharmacy (Selling Drugs on the Internet). This paper, which evolved from a communication presented to the post-graduate course on law organized by the Centre for Biomedical Law, addresses some legal issues of electronic commerce in pharmacies. To begin with, it essays to answer the question whether, according to Portuguese legislation, is it lawful to buy and sell medicaments by the Internet. On one hand, it seems that electronic commerce among producers, laboratories and pharmacies is lawful (B2B). On the other hand, however, electronic commerce with consumers (B2C) is not admitted since the sale of medicaments to end users is only authorized in drugstores and the legal notion and regulation of drugstore does not yet include the possibilities of the Internet. Finally, the issue of pharmacy advertising is also addressed, and a distinction between active and passive sites is done. It remarked that the electronic commerce directive allows online advertising of regulated professions, including pharmaceutics.1. Noção e modalidades de comércio electrónico. 2. Leque de problemas jurídicos. 3. A compra e venda de medicamentos na Internet. 4. As relações entre fabricantes, grossistas, laboratórios e farmácias (B2B). 5. As relações com o público utente (B2C). 6. A publicidade e os sites passivos e interactivos

Legal regulation and general overview of e-commerce in the Republic of North Macedona

Electronic commerce in past years has made a kind of revolution in the global way of trading and in consumer habits. The health and economic crisis caused by COVID-19 has led to a change in the consumer habits of the population and a drastic increase in online shopping. As a consequence of this situation in the Republic of North Macedonia, more and more companies are appearing that work on a business model that is based exclusively on online sales, without any physical presence, and at the same time the number of companies that, in addition to physical presence, use the Internet as an additional sales channel is also increasing, communication and promotion and for digital products simultaneously for delivery. It inevitably opened up the need to create a legal framework in which the regime of business transactions will be regulated - the legal framework of electronic commerce. In the framework of the paper, we will address on the legal regulation of electronic commerce in the Republic of North Macedonia. First we will focus on the theoretical aspects of electronic commerce (definition, historical development and classification), the legal regulation of electronic commerce and finally we will give a general overview of the development of e-commerce in the Republic of North Macedonia after the COVID pandemic

Elektroninė komercija: Lietuvos teisės derinimo su Europos Sąjungos teise probleminiai aspektai.

The author of this article examines whether Lithuanian legislator has duly implemented the EU Directive on Electronic Commerce. Since 1998 the Commission has proposed many instruments to induce the new possibilities of e-commerce. Alas for some time these possibilities have been boosted to the extent of so called “electronic euphory”. Recently more rationality was introduced in the issue. Businesses, state officials as well as lawyers are presenting more close reaching IT ideas. Today e-commerce is one the priorities of Lithuanian market. To this end it is important to regulate the new relations in cyberspace. The first part of the article deals with general problematic aspects related to legal regulation of electronic commerce. The second part of the article briefly presents the EU policy on electronic commerce, mainly considering the subject and the aims of the Directive on Electronic Commerce. The review of Lithuanian legal regulation of electronic commerce is presented in the third part. The fourth part deals with the special by-law of the Republic of Lithuania – the Regulation on Electronic Commerce, adopted by the Minister of Economics. This Regulation is critically observed in respect to its formal aspects and content. It is stated that Republic of Lithuania formally transferred the EU Directive on Electronic Commerce but it failed to implement properly the obligations set out in the Directive. Lithuania should adopt the special law on e-commerce and make not only formal but also the real steps in order to implement the EU Directive on Electronic Commerce. It is important to observe the principles of legality and legal expectations while defining the e-commerce rules which should be qualified as new common legal norms.Straipsnis susideda iš keturių pagrindinių dalių. Pirmojoje dalyje aptariamos bendros problemos, susijusios su elektroninės komercijos teisiniu reguliavimu. Antrojoje dalyje trumpai aptariama ES politika elektroninės komercijos srityje ir pristatoma ES Elektroninės komercijos direktyva bei jos tikslai. Trečiojoje straipsnio dalyje dėmesys skiriamas Lietuvos Respublikos teisinio reguliavimo, susijusio su elektronine komercija, apžvalgai. Atskirai aptariamos Lietuvos Respublikos teismų nagrinėtos bylos, kuriose sprendžiamos elektroninės komercijos teisinės problemos. Ketvirtoji straipsnio dalis skirta specialiam Lietuvos Respublikos poįstaty-miniam teisės aktui – Elektroninės komercijos reglamentui, patvirtintam ūkio ministro įsakymu. Šis Reglamentas kritiškai nagrinėjamas jo formos ir turinio požiūriu. Straipsnio pabaigoje pateikiamos išvados, kad Elektroninės komercijos reglamentas tik perkelia ES Elektroninės komercijos direktyvos nuostatas į Lietuvos Respublikos teisinę sistemą, tačiau jų neįgyvendina

To the Issue of Necessity of Legal Regulation of Electronic Commerce in Russia and Abroad

The article considers the current state of the issue on the existing legal regulation of e-commerce in Russia and abroad. In the article identified the features of law enforcement, legal gaps in the area of electronic commerce

Perlindungan Hukum Terhadap Pengguna Aplikasi E-Commerce yang Terdampak Kebocoran Data Pribadi

Technological developments continue to develop very rapidly, one of which is in the electronic trading system, hereinafter referred to as e-commerce. Along with this, there are concerns from E-Commerce application media users regarding personal data stored by E-Commerce application media companies, so that more specific rules are needed regarding legal protection for E-Commerce application users. The purpose of this research is to further review the rules related to legal protection for users who are affected by the leakage of personal data on E-Commerce media such as based on the agreement in the Terms and Conditions as well as the rules of related laws such as, the ITE Law and its amendments, PP 71/2019 concerning the Implementation of Electronic Systems and Transactions, Government Regulation Number 80 of 2019 concerning Trading Through Electronic Systems, Regulation of the Minister of Communication and Information Technology Number 20 of 2016 concerning Protection of Personal Data in Electronic Systems. The method used in this research is normative juridical research, with a statutory approach. The collection of sources of legal materials, both primary and secondary, is carried out through laws and regulations and all official documents that contain legal provisions and searches related to research results such as journals and the internet