e commerce by N.P.Ghadge

“Comparative Study of legal aspects of e-
commerce with developing countries”
Presented by- Mrs. Neeta Pramod Ghadge.
(BSL, LLM, DLL, DCL ,PhD Regd.)

Literature Survey
Mrs.N.P.Ghadge,Maharashtra. 2

Research Objectives
 To Understand the evolution of E-Commerce
 To describe the conceptual framework of E
Commerce in India
 To analyze the legal aspects of the e-commerce in
developing countries with comparative study of e-
commerce in developing countries
 To analyze insecurity of e-commerce.
 To examine the barriers of e-commerce.
 To describe jurisdictional approach of E-commerce.
 To predict the future scope of e-commerce

Research Methodology
 I have reviewed the academic literature to gain insight
into e-commerce in India. So various
articles,journals,books,website etc have been used to
study the evolution, conceptual framework, legal
aspects, comparative study with developing countries,
challenges in formation, reasons of slow development,
insecurity & barriers of e-commerce.
 All the data include is secondary base & proper
reference has been given wherever necessary.

Experiment conducted
What Is E Commerce ?
Commercial transactions
conducted electronically
on the Internet.
E Contract is base of E commerce
E-contract is any kind of contract formed in the course of e-
commerce by the interaction of two or more individuals using
electronic means, such as e-mail, the interaction of an
individual with an electronic agent, such as a computer
program, or the interaction of at least two electronic agents that
are programmed to recognize the existence of a contract.
5Mrs.N.P.Ghadge,Maharashtra.

Legal Aspects of E-Commerce
in developed countries
Europe
Status of E Contract-
 European Directives 1977
 E contract must be recognized & given equally standing
But excluded notarizing & registered contracts, Electronic &
Digital signature objectives reduce obstacles & creating
harmonized legal framework.
Limitations
 Lack of trust, confidence & security in use of e commerce
 High Communication tariffs in Europe Impact
 Europe being left behind in globe lenient race.

Status of E contract in Australia
 The Australian Transaction Act 1999
 Electronic & Digital Signature-
 The form of manuscript signature
 Impetration of marks
 Machinery marks by human action for transmission of e
contract
Limitation
 Inadequate legislation
 Not comprehensive code of rules
Impact
It was not appropriate to take preventive approach towards
the legal recognition of e-signature.
7
Australia
Mrs.N.P.Ghadge,Maharashtra.

Electronic Communication Act 2000
 Term of authentication
 Content of Information Security
 Signature is admissible
 The Certificate would normally provided to Third party.
Limitation -
 Advanced e-Signature ,No specific provision
 Innovation
 E-signature act come into force on 2002
8
U.K.

The Law is electronic signature & certification service
(No.102of 2000/Come into force 2001
Provided Measures
 Indicate that the information was created by the
person who performed .
 Confirm any alteration
 Rehires the need to identify the person signing the
data
 Provide data is authentic is preferred by principles.
Limitations
 Does not apply to public official functions.
9
Japan

The Digital Signature Act 1995
 First state passed digital signature statute
 Create assurance regarding the validity of digital signature.
 Justify enforcement of obligation on use of e commerce
 Many state follow this state or legislation
 Cryptosystem to verify the authenticating of the digital
signature enforceable
 Implementation machinery are powerful
 Strong security
 Adopt UNCITRAL Model law
 Highly use for International Trade Law.
Impact
 In authentication requirements are quite meet failure
10
United state of America

Information Technology Act 2000
 Recognize communication for means of
 EDI,B2B,B2Cbusiness through electronic process
 Provide admissibility of electronic data as evidence
 Provide Digital Signature ,electronic authentication record.
Limitation
 Lack in formation
 Inadequate implementation process
 Lack in provision of e contract Security.
 Unawareness among the citizens of country.
11
India

Comparative study of E-Commerce in Developed
Countries following results are obtained
Challenges in formation of e commerce in the light of e
contract.
 Very low Internet Penetration.
 Infrastructure & Logistic Inadequacy
 Challenging with achieving profitability
 Domain of cash based transactions
12
Results obtained

Reasons of slow development
 Legal aspects are not adequate implemented in such
countries.
 This will make insecurity in IT area.
 U.S.A also follows model law & better advanced
technology but when they enter with other countries
impossibility occurs in acceptance.
 International Trade are not safely entered into B2B or
B2C transactions due to its lacuna.

Factors affecting on implementation
process
 Organizational Strategy of such countries are different.
 Market Policy are different.
 Laws related to E Commerce in developing Countries
are in adequate, Not providing powerful settlement
machinery such factors affecting in implementation
process resulted into highly increased cyber crime with
failure to stop because of weak implementation process.

Insecurity in E commerce
Why Insecurity ?
 Lower layer protocol
 Firewall
 Cyber Crime –Hacking,
 Encryption & Decryption technique are very poor
 Digital Signature is not properly set.
 Legal provision not provided for Electronic Payments.
 Consumer protection Laws are not wholly justified.
Effects of insecurity of E-commerce.
 Threats to data transmission.
 Threats to authentication of the user
 Threats to availability of information
 Threats to on-line payment.

Technical & Legal
 Technical-On the use of electronic commerce Jurisdictional
approach in way of technically
 “Computer is not use as evidence” in various landmark
judgment.
 Online Dispute resolution have also face technical & Jurisdictional
 Legal-on the use electronic communication in international
contracts-Convention laws are applies but jurisdictional issues
arises it will be pending or not fair justifiable.
 Whether Private law or state or conventional law apply?
 Civil & Criminal issues related e commerce are in Question come
under jurisdiction.
16
Jurisdictional Approach

Case Study.
A.B.C.Laminart Pvt.Ltd & Anr.v.A.P.Agencies.(1989)2
SCR-
Issues-
1) Regarding forum selection clauses
2) agreement ousting jurisdiction of some courts & confining
the jurisdiction of some courts then issue is which
jurisdiction has been confined or in the alternative ?
Supreme court held-
that it would not oust the jurisdiction of other courts
which had territorial jurisdiction under Section 20 (c) of
the code of civil Procedure.
In India the validity of forum shopping clauses for
legal disputes has not been decided yet.

We cannot stop an use of electronic commerce.
But Ignorance will put into insecure & danger zone without escape
way in electronic commerce.
Developed countries legislation have not been effective
implementation machinery ,
which will resulted into failures of global trade
It is not only indicative poor productivity of it but also shows legal
system of Nations.
Amendments in IT laws are good beginning of developed country but
Technical & Jurisdictional issues remain same in all country.
18
Conclusion

Future scope
E commerce will become primary need to everyone in
upcoming age.
Reasons
E-commerce is useful to developing country entrepreneurs
E-commerce is helpful to the women sector
E-commerce SMEs is useful in Electronic Commerce
solutions which will successfully across the Organization
means building reliable,
 E Commerce is useful in scalable systems for security,
E-Commerce payments,
supply-chain management,
sales force, data warehousing, customer relations
integrating all of this with existing back-end operations.

To become part & Enforce our Nation to do or to act
For security of e commerce & protect this right as fundamental.
Need to Conduct –
On going awareness programs
Legal backup to EC/EDI documents
Process re-engineering committees
Sect oral implementation committees
Establishment of Article Numbering & Bar Coding Institution
Governments jointly with private sector need to take adequate
measures for the promotion and propagation of EC to make trade and
industry competitive in the global trade.
20
Contribution

References.
Book reference
 1) Guide to Cyber Law- Ryder D.Rodney-
Wadhwa & Co. Publishers, edn.1, 2001.
Computer Internet & new technology Laws-
Karnika Seth,Justice Altam Kabir-edn-2013
 2) Law relating to computers Internet & E
commerce-Nandan Kamath-2nd edn 2000.
 3) Information Technology law & Practise-
Dr.Gupta & Agrawal edn-2009
 4) Cyber & Ecommerce Law –P.M.Bakshi-
2002
 Commentary on IT Act-Apar Gupta-2nd edn
2011
Journal Reference
 1) International Journal of Modern
Engineering Research (IJMER)
www.ijmer.com Vol.2, Issue.5, Sep.-Oct..
2012 pp-3068-3080 ISSN: 2249-6645
 2) E contract model & enactment-P
Radhkrisna-2010
 Determining Jurisdiction over E-Commerce
disputes in India-Sachin Mishra
 3) C. M. Abhilash. "E-Commerce Law in
Developing Countries: An Indian
Perspective", Information &
Communications Technology Law, 10/1/2002
Publication
 4)Lawal Mohammed Ma’aruf & Khadija
Abdulkadir Department Of
Mathematicsfaculty Of Sciencesahmadu
Bello University. Zaria, +234, Nigeria
Internet source
 www.parl.gc.ca Internet Source
 www.jhtl.org Internet Source
 lrd.yahooapis.com Internet Source
 www.articlearchives.com Internet Source
 www.legalserviceindia.com Internet Source
 www.ijmer.com Internet Source
 www.uncitral.org Internet Source

Mrs.N.P.Ghadge,Maharashtra. 21

“Have self control,
Its our responsibility,
Otherwise we will be responsible
toward s Cyber Crime in
E commerce..”
THANK YOU.

e commerce by N.P.Ghadge

Recommended

Recommended

More Related Content

What's hot

What's hot (20)

Similar to e commerce by N.P.Ghadge

Similar to e commerce by N.P.Ghadge (20)

Recently uploaded

Recently uploaded (20)

e commerce by N.P.Ghadge