This document outlines Korea's Framework Act on Electronic Commerce, which aims to establish a legal framework to improve electronic transactions, clarify legal concerns, and ensure security and reliability. It defines key terms, establishes the validity of electronic messages, addresses retention of messages and acknowledgement of receipt. It also covers protection of personal/business information, encryption, consumer protection policies, and the establishment of a committee and institute to promote electronic commerce standards and development.
This document provides an overview of cyber law and case studies in India. It discusses key sections of the Information Technology Act, 2000 regarding offenses and penalties. Section 65 discusses tampering with computer source documents and penalties of up to 3 years imprisonment and 2 lakh rupees fine. Section 66 covers hacking with computer systems and similar penalties. Section 67 addresses publishing obscene content electronically and penalties of up to 5 or 10 years imprisonment and 1 or 2 lakh rupees fine for first and second convictions. Case studies are presented for each section.
This document discusses various sections of the Information Technology Act 2000 of India related to cyber crimes. It begins with providing context on the objectives and structure of the IT Act. It then defines cyber crimes and provides a brief overview of the IT Act of 2000. Next, it discusses some notable features and sections of the Act including Section 43 on penalties for unauthorized access, Section 65 on tampering with computer source documents, Section 66 on computer related offenses, and provides relevant case studies for each. The document is an assignment submitted to a professor providing an overview of key aspects of India's cyber law and the IT Act of 2000.
This document discusses key aspects of electronic governance and digital signatures in India according to the Information Technology Act 2000. It outlines sections of the act that provide legal recognition and validity to electronic records, digital signatures, and electronic transactions with the government. It also discusses sections related to the delivery of e-services, retention of electronic records, publication in an electronic gazette, and audit of electronic documents. The document concludes by discussing some legal issues in e-commerce such as online identity theft, phishing, copyright, and domain name disputes.
This document summarizes key sections of India's Cyber Law, including Sections 43, 65, 66, and 67.
Section 43 deals with penalties for unauthorized access to computers or damaging computer resources. Section 65 addresses tampering with computer source documents and protects intellectual property in source codes. Section 66 defines hacking offenses and penalties of up to 3 years in prison or fines. Section 67 criminalizes publishing obscene materials electronically with penalties of up to 10 years in prison and fines for repeat offenses. The document also provides case studies related to each section.
This document outlines the email policy of the Government of India. It specifies that the National Informatics Centre (NIC) will be the implementing agency responsible for providing centralized email services to all government organizations, with some exemptions. It describes requirements for secure access and use of government email, including the use of VPNs, digital signatures, and prohibitions on auto-saving passwords or forwarding emails to personal accounts. Responsibilities are defined for user organizations, nodal officers, and individual users to ensure compliance with the security and use policies.
The document discusses various sections and cases related to the Information Technology Act of India. Section 70 allows the government to declare any computer system as "protected" and authorize access. Section 71 deals with penalties for misrepresentation to authorities for licenses or certificates. Several cases are described related to hacking, credit card fraud, data theft, tampering with source code, and the "ILOVEYOU" computer virus from 2000. The amendments to the IT Act in 2006 are also summarized, changing terms to be technology neutral and exempting certain legal documents.
Cyber law in India with sections and penalties Iramma Harijan
This document summarizes several sections of the Indian Information Technology Act, 2000 related to cybercrimes and penalties. Section 43 discusses penalties for unauthorized access to computers or networks, introduction of viruses, and damage to data. Section 43A addresses compensation for failure to protect sensitive personal data. Section 65 covers tampering with computer source code. Section 66 involves computer-related offenses that cause wrongful loss or damage. Section 66A defines punishment for sending offensive messages through communication services. The document also summarizes related court cases that involved data theft, source code manipulation, and unauthorized access to computer networks.
- The complainant filed an RTI application seeking information about the creation of India's Aarogya Setu contact tracing app, including documents related to its proposal, approval, development, and use of personal data.
- However, the CPIOs from the National E-Governance Division (NEGD) and Ministry of Electronics and Information Technology (MeitY) did not provide any information in response.
- During the hearing, the CPIOs were not able to explain where the relevant information could be accessed or how the app was created without their knowledge, suggesting an attempt to deny information. Considering the privacy issues and public interest in transparency around the app, the Commission did not accept the denial of information
This document provides an overview of cyber law and case studies in India. It discusses key sections of the Information Technology Act, 2000 regarding offenses and penalties. Section 65 discusses tampering with computer source documents and penalties of up to 3 years imprisonment and 2 lakh rupees fine. Section 66 covers hacking with computer systems and similar penalties. Section 67 addresses publishing obscene content electronically and penalties of up to 5 or 10 years imprisonment and 1 or 2 lakh rupees fine for first and second convictions. Case studies are presented for each section.
This document discusses various sections of the Information Technology Act 2000 of India related to cyber crimes. It begins with providing context on the objectives and structure of the IT Act. It then defines cyber crimes and provides a brief overview of the IT Act of 2000. Next, it discusses some notable features and sections of the Act including Section 43 on penalties for unauthorized access, Section 65 on tampering with computer source documents, Section 66 on computer related offenses, and provides relevant case studies for each. The document is an assignment submitted to a professor providing an overview of key aspects of India's cyber law and the IT Act of 2000.
This document discusses key aspects of electronic governance and digital signatures in India according to the Information Technology Act 2000. It outlines sections of the act that provide legal recognition and validity to electronic records, digital signatures, and electronic transactions with the government. It also discusses sections related to the delivery of e-services, retention of electronic records, publication in an electronic gazette, and audit of electronic documents. The document concludes by discussing some legal issues in e-commerce such as online identity theft, phishing, copyright, and domain name disputes.
This document summarizes key sections of India's Cyber Law, including Sections 43, 65, 66, and 67.
Section 43 deals with penalties for unauthorized access to computers or damaging computer resources. Section 65 addresses tampering with computer source documents and protects intellectual property in source codes. Section 66 defines hacking offenses and penalties of up to 3 years in prison or fines. Section 67 criminalizes publishing obscene materials electronically with penalties of up to 10 years in prison and fines for repeat offenses. The document also provides case studies related to each section.
This document outlines the email policy of the Government of India. It specifies that the National Informatics Centre (NIC) will be the implementing agency responsible for providing centralized email services to all government organizations, with some exemptions. It describes requirements for secure access and use of government email, including the use of VPNs, digital signatures, and prohibitions on auto-saving passwords or forwarding emails to personal accounts. Responsibilities are defined for user organizations, nodal officers, and individual users to ensure compliance with the security and use policies.
The document discusses various sections and cases related to the Information Technology Act of India. Section 70 allows the government to declare any computer system as "protected" and authorize access. Section 71 deals with penalties for misrepresentation to authorities for licenses or certificates. Several cases are described related to hacking, credit card fraud, data theft, tampering with source code, and the "ILOVEYOU" computer virus from 2000. The amendments to the IT Act in 2006 are also summarized, changing terms to be technology neutral and exempting certain legal documents.
Cyber law in India with sections and penalties Iramma Harijan
This document summarizes several sections of the Indian Information Technology Act, 2000 related to cybercrimes and penalties. Section 43 discusses penalties for unauthorized access to computers or networks, introduction of viruses, and damage to data. Section 43A addresses compensation for failure to protect sensitive personal data. Section 65 covers tampering with computer source code. Section 66 involves computer-related offenses that cause wrongful loss or damage. Section 66A defines punishment for sending offensive messages through communication services. The document also summarizes related court cases that involved data theft, source code manipulation, and unauthorized access to computer networks.
- The complainant filed an RTI application seeking information about the creation of India's Aarogya Setu contact tracing app, including documents related to its proposal, approval, development, and use of personal data.
- However, the CPIOs from the National E-Governance Division (NEGD) and Ministry of Electronics and Information Technology (MeitY) did not provide any information in response.
- During the hearing, the CPIOs were not able to explain where the relevant information could be accessed or how the app was created without their knowledge, suggesting an attempt to deny information. Considering the privacy issues and public interest in transparency around the app, the Commission did not accept the denial of information
This document discusses cyber law offenses and sections of the Indian IT Act 2000 related to cyber crimes. It provides summaries of Sections 43, 65, 66, and 67 of the Act which address unauthorized computer access, tampering with computer source documents, hacking computer systems, and publishing obscene content online respectively. For each section, it outlines the essential ingredients, penalties, and provides one case law example for illustration. The document aims to explain key cyber offenses and related sections of the Indian IT Act to provide context around cyber law.
This document summarizes cyber law offenses and sections of the Indian IT Act of 2000. It discusses offenses like unauthorized computer access, hacking, tampering with computer source documents, and publishing obscene content online. For each offense, it provides the essential elements, applicable penalties like fines and imprisonment, and examples of relevant case laws. Specific sections summarized include Section 43 on computer resource interference, Section 65 on source code tampering, Section 66 on hacking, and Section 67 on publishing obscene material electronically.
This document is a Supreme Court of India order regarding a Right to Information (RTI) request. It summarizes the petitioner's RTI request seeking various personal and employment details of a third party respondent. The Central Information Commission and courts below denied most of the information, citing exemptions under Section 8(1)(j) of the RTI Act for "personal information." The Supreme Court examines the scope and interpretation of Sections 8(1)(e), (g), and (j) exemptions, to determine if the denied information should have been provided.
This document discusses cyber law offenses and sections of the Indian IT Act 2000 related to cyber crimes. It provides summaries of sections 43, 65, 66, and 67 of the Act which deal with unauthorized computer access, tampering with computer source documents, hacking computer systems, and publishing obscene content online respectively. Case studies are also summarized for each section to illustrate how the courts have interpreted and applied the laws. The key cyber offenses covered include hacking, software tampering, and distributing obscene digital content without permission.
This document summarizes key sections of the Information Technology Act 2000 of India related to cyber crimes and offenses. It provides:
1) An overview of cyber crimes and how they are defined in a narrow and broader sense under the IT Act.
2) Summaries of specific sections of the IT Act that outline penalties for offenses such as unauthorized access to computers, computer contamination, tampering with computer source documents, and transmitting offensive content.
3) Descriptions of relevant case studies that demonstrate how various sections of the IT Act have been applied and interpreted in court rulings related to cyber crimes.
An Indian Outline on Database ProtectionSinghania2015
One Business Processing Outsourcing company of India was in the eye of storm when one of its employees sold confidential financial information relating to customers of few British banks to an undercover reporter from the British tabloid ‘The Sun’. The incident sparked off a debate among the offshore industry circles, media and the legal world for the need of specific legislation for the protection for personal data in India which is absent currently.
This document discusses cyber law and cyber crimes in India. It provides definitions of cybercrime in both a narrow sense relating to computer crimes and a broader sense relating to computer-related crimes. It outlines some key sections of the Information Technology Act 2000 relating to penalties for offenses such as unauthorized access to computers, computer contamination, and tampering with computer source documents. It also provides case studies related to each section, such as cases involving fraudulent access to bank accounts and manipulation of cell phone codes.
Citizens and rights groups demand that the DNA Technology (Use and Application) Regulation Bill 2019 not be passed by Parliament. The bill allows extensive collection and storage of DNA profiles from a wide range of individuals for various purposes. However, it provides inadequate privacy protections and could be misused to target dissenting voices or vulnerable groups. There are also concerns about the accuracy of DNA evidence and informed consent protections. If passed, the bill would violate individuals' fundamental rights to privacy, bodily autonomy, and protection against self-incrimination.
This document summarizes several sections of the Indian IT Act 2000 related to cybercrimes. It discusses sections 43, 65, 66, 66A-E, 67, 69-73 which cover offenses such as unauthorized access to computers, computer source code tampering, hacking, sending offensive messages, identity theft, cheating by personation, and violation of privacy. Related court cases are also summarized for each section to provide examples of how the sections have been applied. The full document provides more detailed explanations of each section and additional context about related court cases.
This document summarizes key points about electronic evidence in India from a presentation given by Adv. Prashant Mali. It discusses a case where electronic evidence was relied upon to convict someone of a crime. It also outlines the conditions for admissibility of electronic records as evidence under Section 65-B of Indian law. Additionally, it discusses various forensic labs where electronic records can be examined, precedents around email and call records as evidence, and requirements for electronic records from banks to be admitted as evidence.
This document summarizes key sections (43, 65, 66, 66A-66E, 67, 67A-73) of the Indian Information Technology Act, 2000. It provides an overview of these sections, including definitions and punishments for offenses such as unauthorized access to computers, computer source code tampering, hacking, sending offensive messages, identity theft, cheating by personation, and violation of privacy. Example court cases are also summarized for some sections to illustrate how the sections have been applied, such as cases related to an outsourcing fraud, cell phone number tampering, unauthorized network access, and impersonating a company website.
This document summarizes an assignment on cyber law submitted to a professor. It discusses the objectives and structure of the Information Technology Act 2000 and the need for the Information Technology Amendment Act 2008. It then provides case studies related to selected sections of the IT Act, including Section 43 on penalties for computer damage, Section 65 on tampering with computer source documents, Section 66 on computer-related offenses, and Section 66A on sending offensive messages.
सुजाण विद्यार्थी (Prudent Students) ‘ सुजाण ‘ A joint initiative for legal awareness, by Pune DLSA, Pune (District Legal Services Authority) & Prithu Skills
The document summarizes key sections of the Information Technology (Amendment) Act 2008 of India related to cyber crimes. It outlines punishments for offenses such as cyber terrorism, tampering with computer source documents, identity theft, and transmitting offensive or sexually explicit messages through communication services. Penalties include fines and imprisonment of up to life for serious offenses like cyber terrorism.
The document describes the Cyber Appellate Tribunal, which was established under the Information Technology Act 2000. It has jurisdiction over appeals of orders made by controllers or adjudicating officers. The tribunal consists of a single presiding officer, who must be qualified as a high court judge or have sufficient experience in the Indian Legal Service. It has the power to regulate its own procedures and also has powers equivalent to civil courts to summon parties, require discovery, and review decisions. The purpose is to provide a forum for aggrieved parties to appeal orders made under the Information Technology Act.
- There was a large rise in cyber crimes in India from 2012 to 2013 according to the Information Technology Act of 2000, with the number increasing from 2761 to 4192. The number of cyber crimes under the Indian Penal Code was 5500 in 2013.
- The states with the highest numbers of cyber crimes reported in 2013 under the IT Act were Maharashtra (681 crimes), Andhra Pradesh (635 crimes), Karnataka (513 crimes), Kerala (349 crimes), and Madhya Pradesh (282 crimes).
- The IT Act outlines penalties for various cyber crimes such as unauthorized access to computer systems, data theft, computer contamination, and more. It also describes the process for adjudicating cyber crimes and
This document summarizes a case before the Supreme Court of India regarding petitions filed concerning allegations that the Indian government used spyware to surveil its citizens. It provides background on the spyware called Pegasus and reports that it was used to hack phones. It notes that while the government denies the allegations, several petitioners are seeking an independent investigation, including some who claim their phones were directly hacked. The court will hold further hearings to examine the evidence and issues raised.
The Information Commissioner issued an enforcement notice to Help Direct UK Limited for contravening regulations around sending direct marketing communications via electronic mail. Between December 2013 and April 2014, over 650 individuals complained about unsolicited marketing text messages sent by Help Direct UK Limited regarding pension plans. The Commissioner determined Help Direct UK Limited violated regulations by sending these messages without prior consent and by concealing their identity as the sender. The enforcement notice requires Help Direct UK Limited to comply with regulations around direct marketing and electronic communications, including obtaining consent and clearly identifying themselves as the sender, within 35 days.
This act provides for the legal recognition and use of electronic commercial and non-commercial transactions and documents in the Philippines. It aims to facilitate domestic and international dealings through electronic means. Key points include:
- It defines electronic signatures, documents, data messages and other terms.
- Electronic documents and signatures are given the same legal validity as traditional paper-based ones.
- It covers the formation of electronic contracts and attribution of electronic messages.
- The government is mandated to enable e-commerce capabilities within two years and develop RPWeb to connect government offices online.
- Service providers face liability in certain cases. Hacking of electronic documents is a punishable offense.
The Information Technology Act 2000 was enacted in India on May 17, 2000 to provide legal recognition to electronic commerce and transactions carried out by electronic data interchange and other means of electronic communication. The Act is based on a model law adopted by the UN on e-commerce. It aims to facilitate electronic governance and filing of documents. Some key components of the Act include provisions around digital signatures, duties of subscribers, penalties for offences, and protection for network service providers. It also defines important terms related to e-commerce and cyber security.
This document discusses cyber law offenses and sections of the Indian IT Act 2000 related to cyber crimes. It provides summaries of Sections 43, 65, 66, and 67 of the Act which address unauthorized computer access, tampering with computer source documents, hacking computer systems, and publishing obscene content online respectively. For each section, it outlines the essential ingredients, penalties, and provides one case law example for illustration. The document aims to explain key cyber offenses and related sections of the Indian IT Act to provide context around cyber law.
This document summarizes cyber law offenses and sections of the Indian IT Act of 2000. It discusses offenses like unauthorized computer access, hacking, tampering with computer source documents, and publishing obscene content online. For each offense, it provides the essential elements, applicable penalties like fines and imprisonment, and examples of relevant case laws. Specific sections summarized include Section 43 on computer resource interference, Section 65 on source code tampering, Section 66 on hacking, and Section 67 on publishing obscene material electronically.
This document is a Supreme Court of India order regarding a Right to Information (RTI) request. It summarizes the petitioner's RTI request seeking various personal and employment details of a third party respondent. The Central Information Commission and courts below denied most of the information, citing exemptions under Section 8(1)(j) of the RTI Act for "personal information." The Supreme Court examines the scope and interpretation of Sections 8(1)(e), (g), and (j) exemptions, to determine if the denied information should have been provided.
This document discusses cyber law offenses and sections of the Indian IT Act 2000 related to cyber crimes. It provides summaries of sections 43, 65, 66, and 67 of the Act which deal with unauthorized computer access, tampering with computer source documents, hacking computer systems, and publishing obscene content online respectively. Case studies are also summarized for each section to illustrate how the courts have interpreted and applied the laws. The key cyber offenses covered include hacking, software tampering, and distributing obscene digital content without permission.
This document summarizes key sections of the Information Technology Act 2000 of India related to cyber crimes and offenses. It provides:
1) An overview of cyber crimes and how they are defined in a narrow and broader sense under the IT Act.
2) Summaries of specific sections of the IT Act that outline penalties for offenses such as unauthorized access to computers, computer contamination, tampering with computer source documents, and transmitting offensive content.
3) Descriptions of relevant case studies that demonstrate how various sections of the IT Act have been applied and interpreted in court rulings related to cyber crimes.
An Indian Outline on Database ProtectionSinghania2015
One Business Processing Outsourcing company of India was in the eye of storm when one of its employees sold confidential financial information relating to customers of few British banks to an undercover reporter from the British tabloid ‘The Sun’. The incident sparked off a debate among the offshore industry circles, media and the legal world for the need of specific legislation for the protection for personal data in India which is absent currently.
This document discusses cyber law and cyber crimes in India. It provides definitions of cybercrime in both a narrow sense relating to computer crimes and a broader sense relating to computer-related crimes. It outlines some key sections of the Information Technology Act 2000 relating to penalties for offenses such as unauthorized access to computers, computer contamination, and tampering with computer source documents. It also provides case studies related to each section, such as cases involving fraudulent access to bank accounts and manipulation of cell phone codes.
Citizens and rights groups demand that the DNA Technology (Use and Application) Regulation Bill 2019 not be passed by Parliament. The bill allows extensive collection and storage of DNA profiles from a wide range of individuals for various purposes. However, it provides inadequate privacy protections and could be misused to target dissenting voices or vulnerable groups. There are also concerns about the accuracy of DNA evidence and informed consent protections. If passed, the bill would violate individuals' fundamental rights to privacy, bodily autonomy, and protection against self-incrimination.
This document summarizes several sections of the Indian IT Act 2000 related to cybercrimes. It discusses sections 43, 65, 66, 66A-E, 67, 69-73 which cover offenses such as unauthorized access to computers, computer source code tampering, hacking, sending offensive messages, identity theft, cheating by personation, and violation of privacy. Related court cases are also summarized for each section to provide examples of how the sections have been applied. The full document provides more detailed explanations of each section and additional context about related court cases.
This document summarizes key points about electronic evidence in India from a presentation given by Adv. Prashant Mali. It discusses a case where electronic evidence was relied upon to convict someone of a crime. It also outlines the conditions for admissibility of electronic records as evidence under Section 65-B of Indian law. Additionally, it discusses various forensic labs where electronic records can be examined, precedents around email and call records as evidence, and requirements for electronic records from banks to be admitted as evidence.
This document summarizes key sections (43, 65, 66, 66A-66E, 67, 67A-73) of the Indian Information Technology Act, 2000. It provides an overview of these sections, including definitions and punishments for offenses such as unauthorized access to computers, computer source code tampering, hacking, sending offensive messages, identity theft, cheating by personation, and violation of privacy. Example court cases are also summarized for some sections to illustrate how the sections have been applied, such as cases related to an outsourcing fraud, cell phone number tampering, unauthorized network access, and impersonating a company website.
This document summarizes an assignment on cyber law submitted to a professor. It discusses the objectives and structure of the Information Technology Act 2000 and the need for the Information Technology Amendment Act 2008. It then provides case studies related to selected sections of the IT Act, including Section 43 on penalties for computer damage, Section 65 on tampering with computer source documents, Section 66 on computer-related offenses, and Section 66A on sending offensive messages.
सुजाण विद्यार्थी (Prudent Students) ‘ सुजाण ‘ A joint initiative for legal awareness, by Pune DLSA, Pune (District Legal Services Authority) & Prithu Skills
The document summarizes key sections of the Information Technology (Amendment) Act 2008 of India related to cyber crimes. It outlines punishments for offenses such as cyber terrorism, tampering with computer source documents, identity theft, and transmitting offensive or sexually explicit messages through communication services. Penalties include fines and imprisonment of up to life for serious offenses like cyber terrorism.
The document describes the Cyber Appellate Tribunal, which was established under the Information Technology Act 2000. It has jurisdiction over appeals of orders made by controllers or adjudicating officers. The tribunal consists of a single presiding officer, who must be qualified as a high court judge or have sufficient experience in the Indian Legal Service. It has the power to regulate its own procedures and also has powers equivalent to civil courts to summon parties, require discovery, and review decisions. The purpose is to provide a forum for aggrieved parties to appeal orders made under the Information Technology Act.
- There was a large rise in cyber crimes in India from 2012 to 2013 according to the Information Technology Act of 2000, with the number increasing from 2761 to 4192. The number of cyber crimes under the Indian Penal Code was 5500 in 2013.
- The states with the highest numbers of cyber crimes reported in 2013 under the IT Act were Maharashtra (681 crimes), Andhra Pradesh (635 crimes), Karnataka (513 crimes), Kerala (349 crimes), and Madhya Pradesh (282 crimes).
- The IT Act outlines penalties for various cyber crimes such as unauthorized access to computer systems, data theft, computer contamination, and more. It also describes the process for adjudicating cyber crimes and
This document summarizes a case before the Supreme Court of India regarding petitions filed concerning allegations that the Indian government used spyware to surveil its citizens. It provides background on the spyware called Pegasus and reports that it was used to hack phones. It notes that while the government denies the allegations, several petitioners are seeking an independent investigation, including some who claim their phones were directly hacked. The court will hold further hearings to examine the evidence and issues raised.
The Information Commissioner issued an enforcement notice to Help Direct UK Limited for contravening regulations around sending direct marketing communications via electronic mail. Between December 2013 and April 2014, over 650 individuals complained about unsolicited marketing text messages sent by Help Direct UK Limited regarding pension plans. The Commissioner determined Help Direct UK Limited violated regulations by sending these messages without prior consent and by concealing their identity as the sender. The enforcement notice requires Help Direct UK Limited to comply with regulations around direct marketing and electronic communications, including obtaining consent and clearly identifying themselves as the sender, within 35 days.
This act provides for the legal recognition and use of electronic commercial and non-commercial transactions and documents in the Philippines. It aims to facilitate domestic and international dealings through electronic means. Key points include:
- It defines electronic signatures, documents, data messages and other terms.
- Electronic documents and signatures are given the same legal validity as traditional paper-based ones.
- It covers the formation of electronic contracts and attribution of electronic messages.
- The government is mandated to enable e-commerce capabilities within two years and develop RPWeb to connect government offices online.
- Service providers face liability in certain cases. Hacking of electronic documents is a punishable offense.
The Information Technology Act 2000 was enacted in India on May 17, 2000 to provide legal recognition to electronic commerce and transactions carried out by electronic data interchange and other means of electronic communication. The Act is based on a model law adopted by the UN on e-commerce. It aims to facilitate electronic governance and filing of documents. Some key components of the Act include provisions around digital signatures, duties of subscribers, penalties for offences, and protection for network service providers. It also defines important terms related to e-commerce and cyber security.
This document discusses the definition, essential elements, and validity of e-contracts under Indian law. It defines an e-contract as any contract formed through electronic means like email. The key points are:
1. The Indian Contract Act and Information Technology Act recognize the validity of e-contracts and electronic communications/records as legally binding.
2. Essential elements of a valid contract like offer, acceptance, consideration must be present in e-contracts for them to be enforceable.
3. E-contracts can be formed via websites through clickwrap/browsewrap/shrinkwrap agreements or via email exchange. The postal rule of acceptance applies to email.
4. Electronic records and digital signatures have evidentiary
This document is the Republic Act No. 8792, also known as the Electronic Commerce Act of 2000, which provides legal recognition and use of electronic commercial and non-commercial transactions and documents in the Philippines. Some key points:
- It aims to facilitate domestic and international dealings through electronic means and recognizes the authenticity and reliability of electronic documents.
- It defines terms related to electronic transactions and documents, such as electronic signature and electronic data message.
- It provides for the legal recognition and equivalence of electronic writings, documents, and signatures to their paper-based counterparts if certain reliability conditions are met.
- It establishes rules for attributing electronic messages and signatures to originators, and addresses formation of electronic
The document provides an overview of e-commerce law in the Philippines. It defines key terms related to e-commerce such as business-to-business, business-to-consumer, and electronic commerce. It then summarizes the main provisions of Republic Act 8792, the Electronic Commerce Act of 2000, including giving legal recognition to electronic documents and signatures, allowing electronic contracts, and providing guidelines on security and liability for service providers.
The document summarizes a decision regarding a patent application by Aristocrat Technologies Inc. opposing a section 59 opposition filed by IGT. The decision found that:
1) IGT attempted to serve their Statement of Grounds and Particulars electronically by email to Aristocrat's attorneys on the statutory deadline of July 17th 2008, but the email was only opened at one second before midnight;
2) Under the Electronic Transactions Act, for an electronic communication to be considered served it must either enter the designated information system of the recipient, or come to the attention of the recipient, whichever is later; and
3) As Aristocrat's attorneys' email system was not formally designated and the email was only opened after business
The document discusses e-commerce law in the Philippines. It defines key terms related to electronic transactions and documents. The Electronic Commerce Act of 2000 (Republic Act 8792) provides the legal framework for e-commerce and recognizes electronic signatures and contracts. It aims to facilitate online transactions and protect cybersecurity. Some important provisions include giving legal status to electronic documents, allowing e-contracts, and mandating government e-commerce capabilities. The law also provides guidelines around data access, liability, and penalties for hacking or intellectual property infringement.
This document summarizes key amendments made to Indian laws related to cybercrime evidence. It discusses how the Indian Evidence Act and Information Technology Act were amended to address electronic records and digital signatures. Key points covered include: expanding the definition of evidence to include electronic records; new presumptions related to electronic agreements, records, signatures and messages; and amended provisions for the admissibility and authentication of electronic evidence in court. It also summarizes recent amendments increasing penalties for various cybercrimes like identity theft, cyber terrorism and child pornography.
The document provides an overview of the Information Technology Act 2000 of India. It discusses key objectives of the act such as providing legal recognition to electronic transactions and records. It also defines important terms used in the act like computer, electronic record, digital signature. The roles of regulatory authorities like the Controller of Certifying Authorities in licensing and auditing Certifying Authorities are summarized. Provisions around digital signatures, electronic records and their admissibility as evidence are also briefly outlined.
Sending of notice of general meeting by electronic mode critical analysisKrishan Singla
It critically analyses whether a company which has send notice of the general meeting by electronic mode that is through email ID in compliance with provisions of Companies Act, and Companies (Management and Administration) Rules, 2014 made thereunder is required to send the notice by physical mode also.
Information Technology Act 2000 An OverviewAnubhav
The document provides an overview of the Information Technology Act 2000 in India. Some key points:
- The Act aims to provide legal recognition for electronic transactions and facilitate e-filing/payments with the government.
- It defines important terms like electronic records, digital signatures, and security procedures. Digital signatures created using asymmetric cryptographic keys can verify electronic records.
- A public key infrastructure (PKI) allows parties without prior agreements to verify each other's identities through digital certificates issued by a certification authority.
- The Act lays out the legal processes for digital signatures to authenticate electronic records in a secure manner similar to physical signatures.
This document discusses the admissibility and proof of electronic records in court. It defines key terms related to electronic records under the Information Technology Act such as electronic record, data, computer, computer system, and computer network. It outlines various forms of digital evidence that can be obtained from electronic devices and computer outputs. It explains the requirements for proving electronic records in court according to Section 65B of the Indian Evidence Act. Overall, the document provides information on establishing the authenticity and admissibility of different types of electronic records as evidence in legal proceedings.
1. Cyber crimes in India have increased significantly, with a 200% rise in Delhi and various online fraud cases reported.
2. The Information Technology Act, 2000 aims to provide legal recognition for electronic transactions and digital signatures to facilitate electronic governance and commerce.
3. The Act defines cyber crimes such as hacking and publishing obscene content online, and prescribes penalties such as imprisonment and fines.
Akta 680 - Akta Aktiviti Kerajaan Elektronik 2007Md Rodzi Ismail
This document is the Electronic Government Activities Act 2007 of Malaysia. It contains several parts and sections that:
1) Provide for the recognition of electronic messages in dealings between the government and public.
2) Allow the use of electronic messages to fulfill legal requirements and enable/facilitate such dealings through electronic means.
3) Stipulate that legal requirements regarding writings, signatures, seals and witnesses can be fulfilled using electronic messages and signatures that meet certain reliability criteria.
4) Give the relevant Minister the power to designate laws that this Act applies to and to issue technology directives on standards and security measures.
1. The document discusses the need for cyber law in India and provides an overview of the key aspects of the Information Technology Act 2000, which was enacted to address this need.
2. It defines important terms related to cyber law like electronic record, digital signature, and explains concepts such as attribution of electronic records and acknowledgement of receipt.
3. It also summarizes provisions of the Act around offenses and penalties for cybercrimes, functions of the Controller of Certifying Authorities, and directions that can be issued to subscribers and certifying authorities.
The document discusses cyber law and the Information Technology Act 2000. It provides an introduction to cyber law, noting that cyber law deals with legal issues related to the use of internet technology. It then summarizes some key aspects of the Information Technology Act 2000, which was India's first cyber law. The Act aims to provide legal recognition for e-commerce transactions and amend other laws to address cyber crimes like hacking, publishing obscene content online, and breaching privacy or confidentiality. It also contains 13 chapters, with chapters 11 detailing various cyber-related offenses and corresponding punishments under the Act.
INFORMATION TECHNOLOGY ACT 2000 and its provisions.pptxakshitarathi77
The document provides an overview of the Information Technology Act, 2000 of India. Some key points:
- The Act aims to provide legal recognition to electronic records and transactions carried out online. It defines electronic records and digital signatures.
- It establishes a Controller of Certifying Authorities to regulate and license Certifying Authorities to issue digital signature certificates.
- The Act recognizes electronic governance and gives legal validity to electronic records and digital signatures. It aims to facilitate electronic filing of documents.
- It defines offences related to cybercrime and provides penalties and adjudication process for contravention of the Act's provisions. Adjudicating officers are empowered to determine compensation in cases of loss or unfair advantage resulting
Hướng dẫn Bộ bài bói Oracle Moonology Tarot cực hay Cat Van Khoi
The document provides details about the Moonology Oracle Cards book, including the author, number of pages, publisher, and formats available. It describes that the book and accompanying oracle deck use the phases of the moon and positions of stars to provide guidance. The cards address life areas like goals, relationships, work, and health, relating them to the energy of the moon's current phase or position. Users can ask questions and receive teachings on working with the moon's natural magic.
5th LF Energy Power Grid Model Meet-up SlidesDanBrown980551
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Webinar Recording: https://www.panagenda.com/webinars/hcl-notes-und-domino-lizenzkostenreduzierung-in-der-welt-von-dlau/
DLAU und die Lizenzen nach dem CCB- und CCX-Modell sind für viele in der HCL-Community seit letztem Jahr ein heißes Thema. Als Notes- oder Domino-Kunde haben Sie vielleicht mit unerwartet hohen Benutzerzahlen und Lizenzgebühren zu kämpfen. Sie fragen sich vielleicht, wie diese neue Art der Lizenzierung funktioniert und welchen Nutzen sie Ihnen bringt. Vor allem wollen Sie sicherlich Ihr Budget einhalten und Kosten sparen, wo immer möglich. Das verstehen wir und wir möchten Ihnen dabei helfen!
Wir erklären Ihnen, wie Sie häufige Konfigurationsprobleme lösen können, die dazu führen können, dass mehr Benutzer gezählt werden als nötig, und wie Sie überflüssige oder ungenutzte Konten identifizieren und entfernen können, um Geld zu sparen. Es gibt auch einige Ansätze, die zu unnötigen Ausgaben führen können, z. B. wenn ein Personendokument anstelle eines Mail-Ins für geteilte Mailboxen verwendet wird. Wir zeigen Ihnen solche Fälle und deren Lösungen. Und natürlich erklären wir Ihnen das neue Lizenzmodell.
Nehmen Sie an diesem Webinar teil, bei dem HCL-Ambassador Marc Thomas und Gastredner Franz Walder Ihnen diese neue Welt näherbringen. Es vermittelt Ihnen die Tools und das Know-how, um den Überblick zu bewahren. Sie werden in der Lage sein, Ihre Kosten durch eine optimierte Domino-Konfiguration zu reduzieren und auch in Zukunft gering zu halten.
Diese Themen werden behandelt
- Reduzierung der Lizenzkosten durch Auffinden und Beheben von Fehlkonfigurationen und überflüssigen Konten
- Wie funktionieren CCB- und CCX-Lizenzen wirklich?
- Verstehen des DLAU-Tools und wie man es am besten nutzt
- Tipps für häufige Problembereiche, wie z. B. Team-Postfächer, Funktions-/Testbenutzer usw.
- Praxisbeispiele und Best Practices zum sofortigen Umsetzen
1. FRAMEWORK ACT ON ELECTRONIC COMMERCE
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose) The purpose of this Act is to contribute to the national economy by
clarifying the legal concern and ensuring the security and reliability of electronic transaction as
well as establishing the framework so as to improve of electronic transactions.
Article 2 (Definitions) The definitions of terms used in this Act shall be as follows:
1. "Electronic message" shall mean information which is generated, sent, received or stored in
a kind of electronic form by using information processing systems;
2. "Information Processing Systems" shall mean electronic devices or systems which have an
information processing ability to be utilized for the generation, transmission·reception or store
of electronic messages;
3. "Originator" shall mean a person by whom, or on whose behalf, an electronic message
purports to have been generated and sent;
4. "Addressee" shall mean a person who is intended by the originator to receive an electronic
message;
5. "Electronic commerce" shall mean a transaction of goods or services the whole or part of
which is made by using an electronic message;
6. "Electronic commerce businessman" shall mean a person who conducts Electronic commerce
as a major business;
7. "Electronic commerce user" shall mean a person who avails himself of Electronic commerce
except for Electronic commerce businessman.
Article 3 (Scope) Except as otherwise provided in any other Act or subordinate statute, this
Act shall apply to all Electronic commerces using electronic messages.
CHAPTER II ELECTRONIC MESSAGES
Article 4 (Validity of Electronic Messages) An electronic message shall not be denied its
validity only because it takes the electronic form except as otherwise provided in any other
Acts.
Article 5 (Retention of Electronic Messages) (1) Where an electronic message satisfies the
following requirements, the retention of any document as set forth in the relevant Acts and
subordinate statutes may be replaced by the retention of the electronic message:
1. The information contained therein is accessible;
2. The electronic message is retained in the format in which it was generated, sent or
received, or in a format which can be demonstrated to represent accurately the information
generated, sent or received; and
3. Such information, if any, is retained as enables the identification of the origin and
2. destination of an electronic message and the date and time when it was sent or received.
(2) For the purpose of paragraph (1), any part of an electronic message the sole purpose of
which is to enable the electronic message to be sent or received may not be deemed to
constitute the electronic message.
Article 6 (Time and Place of Dispatch and Receipt of Electronic Messages) (1) The dispatch of
an electronic message shall be deemed to occur when the originator or the person who can
represent the originator enters it information processing systems which are able to receive
electronic message.
(2) The receipt of an electronic message shall be deemed to occur at any time falling under
any of the following:
1. If the addressee has designated an Information processing system for the purpose of
receiving electronic messages, the time when the electronic message enters that Information
processing system: Provided, That if the electronic message is sent to an Information
processing systems that is not designated, the time when the electronic message is retrieved
by the addressee; or
2. If the addressee has not designated an Information processing system for the purpose of
receiving electronic messages, the time when the electronic message enters an Information
processing system of the addressee.
(3) An electronic message shall be deemed to be dispatched or received at the place where
the originator or the addressee has its place of business; in this case, if the originator or the
addressee has more than one place of business, the place of business is that which has the
closest relationship to the underlying transaction or if there is no underlying transaction, the
principal place of business: Provided, That if the originator or the addressee does not have a
place of business, reference is to be made to its habitual residence.
Article 7 (Case Where Originator is Deemed to have Sent Electronic Messages) (1) An
electronic message shall be deemed to be sent by the originator if it was sent by a person
who is authorized to do so on behalf of the originator, or by a computer program or any other
electronic means intended to send or receive electronic messages automatically on behalf of
the originator.
(2) In cases falling under any of the following subparagraphs, the addressee of an electronic
message may conduct the declaration of intention included to the electronic message when the
declaration of intention may be seen that of the originator.
1. Where the addressee has followed any agreed procedure so as to identify that the
electronic message has been made by the originator.
2. Where a received electronic message has been transmitted by the originator or a person
who has a justifiable reason to reflect a relationship between the originator and a person who
is related to a duputy, or a person who is able to prove that the electronic message is the
declaration of intention from the addressee or the deputy
(3) The paragraph (2) shall not apply in cases falling under any of the following
subparagraphs:
1. Where the addressee would be able to have a reasonable time to conduct an indispensible
3. arrangement after the time the addressee has received a notice from the originator that the
electronic message was sent against the intention of the originator.
2. Where the addressee would be able to know that the electronic message was sent against
the intention of the originator or if he followed any agreed procedure with the originator, or
gave reasonable care in this case paragraph (2) 2.
Article 8 (Separateness of Electronic Messages Received) Electronic messages received shall be
deemed to be separated from each other: Provided, That this shall not apply in case where the
addressee would be able to know that electronic messages which are one and the same was
sent repeatedly if the addressee followed any agreed acknowledging procedure which is
conferred with the originator, or gave reasonable care.
Article 9 (Acknowledgement of Receipt) (1) Where the originator has sent the electronic
message stating that it is conditional on receipt of the acknowledgement, it shall be deemed as
if it had never been sent, until the acknowledgement is received by the originator. In this case,
this does not apply in Article 534 of the Civil Act.
(2) Where the originator has requested the acknowledgement of receipt of the electronic
message without stating that it is conditional on receipt of the acknowledgement, the originator
may withdraw the dispatch of the electronic message unless it receives the acknowledgement
thereof within a reasonable time (which means the time specified by the originator, or the time
agreed upon by the originator and the addressee).
Article 10 (Adaptation by Agreement between the originator and the addressee) The originator
and the addressee may conduct an agreement against the provisions of Articles 6 through 9,
except as otherwise provided in other Acts and subordinate statutes.
Article 11 (Matters concerning Digital Signatures) When the electronic commerce is intended to
conduct, any matters concerning electronic signature shall be deemed as a condition prescribed
by the electronic signature Act.
CHAPTER III
THE SECURITY OF ELECTRONIC COMMERCE
AND CONSUMER PROTECTION
Article 12 (Protection of Personal Information) (1) The Government shall formulate and
implement necessary policies for protecting the personal information of the electronic
commerce users so as to ensure the security and reliability of electronic commerce.
(2) Electronic commerce businessmen shall follow concerning provisions as well as the act on
promotion of information and communications network utilization and information protection, etc.
in collecting·using·providing and controlling personal information of the electronic commerce
users.
Article 13 (Protection of Business Secret) (1) The Government shall formulate and implement
necessary policies for protecting the personal information of the electronic commerce users so
as to protect the Business secret of the electronic commerce users.
(2) Electronic commerce businessmen(including a person who is entrusted the operation of
4. Information processing systems) shall adopt any measures in order to protect the Business
secret of the electronic commerce users.
(3) Electronic commerce businessmen shall not provide or reveal the fact that the business
secrets of users to any other person without obtaining an agreement from the electronic
commerce users.
(4) Any necessary matters concerning paragraph (1) or (3), criteria for the scope of business
secret and protective measure, etc. shall be set forth in the Presidential Decree.
Article 14 (Use of Encrypted Products) (1) The businessman of electronic commerce may use
the encrypted products to guarantee the security and reliability of electronic commerce.
(2) The Government may restrict the use of encryption technology where it is deemed
necessary for national security, etc., and take any necessary measures to gain access to the
original of encoded information or encryption technology.
Article 15 (Establishment and Implementation of the Consumer protection policy, etc.) (1) The
Government shall formulate and implement necessary policies for protecting the fundamental
right and interest of consumers and ensuring the reliability of consumers related to electronic
commerce to the relevant Acts and subordinate statutes including Consumer Protection Act and
Door to Door sales, etc. Act.
(2) The Government may encourage the establishment of the norm and course of action
autonomously to the businessman of electronic commerce or the institute of electronic
commerce businessman in order not to occur an unreasonable behavior related to electronic
commerce hereafter.
Article 16 (Prevention and Remedy of Consumer Damages) (1) The Government shall formulate
and implement necessary policies with respect to provision of information and extension of
education for consumers to prevent the occurrence of consumer damages related to electronic
commerce.
(2) The Government shall formulate and implement necessary policies for the prompt and fair
settlement of consumers' complaints and damages related to electronic commerce.
Article 17 (General Observance Matters of electronic commerce businessman) Electronic
commerce businessmen shall observe the following matters to protect consumers related to
electronic and to ensure the security and reliability of electronic commerce:
1. Provision accurate information concerning trade name(including the name of the
representative in case of a juristic person) and information related to himself etc, as well as
goods, services and the condition of contract etc,.
2. Provision and preservation of an agreement to make consumers access and acknowledge
easily.
3. Provision of procedures which Consumers may cancel or change the orders of themselves.
4. Provision of procedures which may the cancellation of subscription, exchange and returns
easily.
5. Provision of procedures which may deal with the complaint and requirement of consumers
promptly as well as fairly.
6. Preservation of business documents which are necessary the proof of transactions for
5. reasonable time.
Article 18 (Certification for the businessman of electronic commerce) The Government may
support a certification business for the excellent businessman of electronic commerce so as to
protect consumers and to sound development of electronic commerce businessmen.
CHAPTER Ⅳ
ESTABLISHMENT OF BASIC POLICES FOR ELECTRONIC COMMERCE AND DEVELOPMENT
SYSTEMS
Article 19 (Principle of basic policies for electronic commerce and obligation of the
Government) The Government shall formulate and implement basic policies based on such
principles as encouraged private sector initiative, minimized governmental restrictions, enhanced
security and reliability of electronic commerce, and strengthening of international cooperation,
etc.
Article 20 (Formulation and Implementation of Electronic Commerce Promotion Program) (1)
The Government shall formulate and implement a program (hereinafter referred to as the
"electronic commerce promotion program") in accordance with the principle of basic policies for
electronic commerce as prescribed by Article 19, which contains the following:
1. Basic framework of electronic commerce promotion program;
2. Matters concerning international norms with respect to electronic commerce;
3. Matters concerning the electronic payment system;
4. Matters concerning protecting intellectual property rights;
5. Matters concerning protecting the interests of electronic commerce;
6. Matters concerning guaranteeing the security and reliability of electronic commerce;
7. Matters concerning developing and standardizing information technology with respect to
electronic commerce;
8. Matters concerning further promoting environments suitable for, and creating demand for,
electronic commerce;
9. Matters concerning international cooperation with respect to electronic commerce;
10. Matters concerning supporting the buildup of the infrastructure necessary to promote
electronic commerce;
11. Matters concerning establishing high-speedy telecommunication networks and facilitating the
use thereof; and
12. Other matters necessary to promote electronic commerce.
(2) The heads of relevant central administrative agencies(hereinafter referred to as the
"relevant central administrative agencies") shall formulate sectional programs for any such
matters falling under subparagraphs of paragraph (1) as are under their respective jurisdiction
and shall take them into the consideration in establishing and implementing their major policies.
(3) When the Minister of Commerce, Industry and Energy intends to formulate the electronic
commerce promotion program, he shall have it established by the Informationization Committee
in accordance with Article 8 of the Framework Act on the Informationization Promotion, after
6. combining all the sectional programs of relevant central administrative agencies and then
referring them to the Committee on Electronic Commerce Policy for deliberation in accordance
with Article 21 hereof.
Article 21 (Committee on Electronic Commerce Policy) (1) A Committee on Electronic
Commerce Policy (hereinafter referred to as the "Policy Committee") shall be established to
deliberate matters related to promoting electronic commerce.
(2) The Policy Committee shall deliberate the following matters:
1. The electronic commerce promotion program;
2. The assesment of the performance of the electronic commerce promotion program;
3. The coordination of the policies for promoting electronic commerce or the programs of the
relevant central administrative agencies; or
4. Other matters referred to it for deliberation by the Chairman thereof as major policy issues
to promote electronic commerce.
(3) The Policy Committee shall be composed of less than 30 members of committee including
the chairman of the committee.
(4) The chairman of the committee shall be the Vice-Minister of Commerce, Industry and
Energy and the Minister of Commerce, Industry and Energy shall appoint the person as the
member of the committee among government officials of class 3 or more than correspond to
class 3 who have taken charge of duties(activities) concerning electronic commerce or persons
who have a lot of knowledge and experience related to electronic commerce.
(5) Other necessary matters relating to the composition and operation of the Policy
Committee shall be prescribed by the Presidential Decree.
Article 22 (Korea Institute for Electronic Commerce) (1) A Korea Institute for Electronic
Commerce (hereinafter referred to as the "KIEC") shall be established for the efficient and
systematic implementation of projects and businesses to promote electronic commerce as well
as to support the development of policies related to electronic commerce.
(2) The KIEC shall be a juristic person.
(3) The KIEC shall conduct the following projects with respect to electronic commerce:
1. Domestic or world-wide survey and research, and businesses for publishing, public relations
and promotions;
2. Institutional research and other businesses for creating environments suitable for the
promotion of electronic business;
3. Research and development of information standards, distribution and activity of international
standards in accordance with Article 24;
4. Projects for supporting the development of information technology under Article 25;
5. Projects for Certification to an excellent electronic commerce businessmen as prescribed
Article 18;
6. Projects for international exchanges and cooperation to promote electronic commerce in
accordance to Article 29;
7. Operation of the Korea EDI Committee under Article 23 (2); and
8. Operation of the Electronic Commerce Mediation Committee as prescribed Article 32;
7. 9. Other businesses entrusted by the Minister of Commerce, Industry and Energy or the heads
of the relevant central administrative agencies.
(4) The KIEC may conduct a profitable projects under the conditions as prescribed by the
Presidential Decree to supply necessary expenses for attainment of an object pursuant to
paragraph (1).
(5) The Government may support the whole or part of the expenses for operating of the
KIEC within the limit of the relevant budget.
(6) The KIEC may be contributed money from the businessman of electronic commerce to
appropriate for necessary expenses for the operation or business performance of KIEC.
(7) The KIEC may collect fees from the persons who use the information standards developed
by itself, under the conditions as prescribed by the Presidential Decree.
(8) The relevant provisions of the Civil Act with respect to the foundation shall apply mutatis
mutandis to the KIEC except as otherwise provided by this Act.
(9) The relevant provisions of the Civil Act with respect to the foundation shall apply mutatis
mutandis to the KIEC except as otherwise provided by this Act.
CHAPTER PROMOTION OF ELECTRONIC COMMERCEⅤ
Article 23 (Promotion of using electronic messages) The Government shall formulate and
implement necessary policies for the consolidation of concerning Acts etc, to promote the use
of electronic messages.
Article 24 (Standardization of Electronic Commerce) (1) The Government shall implement the
following measures in order to the efficient operation of electronic commerce and to the
guarantee of interchangeability of related information technologies:
1. Establishment, revision, repeal and distribution of standards with respect to electronic
messages;
2. Research and development of domestic and foreign standards relating to electronic
commerce; and
3. Other matters necessary to standardize electronic commerce.
(2) The Korea EDI Committee shall be established pursuant to the Presidential Decree in the
Ministry of Commerce, Industry and Energy so as to research, deliberate and decide the
standardization of electronic messages as prescribed in paragraph (1) 1.
(3) The Government may, if necessary for the efficient implementation of the matters as set
forth in each subparagraph of paragraph (1), have the relevant research institutes and
non-government organizations act on its behalf. In this case, it may support the required
expenses to them in accordance with the Presidential Decree.
Article 25 (Development of Information Technology for electronic commerce) The Government
shall perform the following measures in accordance with the relevant Acts and subordinate
statutes so as to develop the information technology necessary to promote electronic commerce
and to enhance technology standards:
1. Research of technical standards for electronic commerce, research and development of
8. information technology and practical use of the developed technology;
2. Cooperation with respect to the technology of electronic commerce, the direction and the
transfer thereof;
3. Smooth distribution of technology information and industrial - educational - researchable
cooperation on electronic commerce; and
4. Other necessary matters for the development of technology of electronic commerce.
Article 26 (Education of special human resources for electronic commerce) (1) The Government
shall try to educate professional human resources necessary to the promotion of electronic
commerce.
(2) The Government may support the whole or part of the expenses necessary for operating
the business to train special human resources that research institutes including a research
institute which is appropriated by the Government etc, under the act on the establishment,
operation and fosterage of Government Invested research Institutions and universities pursuant
to the higher education Act as well as non-government organizations and other relevant
organizations in accordance with paragraph (1).
(3) Any necessary matters concerning the support of expenses for special human resource
education institutes of electronic commerce in accordance with paragraph (2) shall be
prescribed by the Presidential Decree.
Article 27 (Promotion of electronic commerce for public sectors) The Government agency, local
self-governing bodies, government investment agencies or public organizations etc,. (hereinafter
referred to as the "The Government agency, etc.") shall formulate and implement programs so
as to conduct businesses of agency as electronic commerce or procurement of goods or
services necessary in operation of the business.
Article 28 (Electronic Commerce Statistics etc, a fact-finding survey) (1) The Minister of
Commerce, Industry and Energy may conduct electronic commerce statistics etc, a fact-finding
survey so as to the effective formulation and implementation of electronic commerce promotion
policies. In this case, Statistics Act shall apply when electronic commerce statistics intends to
be generated.
(2) The Minister of Commerce, Industry and Energy may require a presentation of related
materials or a statement of opinions to the Government agencies, electronic commerce
businessmen or juristic persons and organizations related to electronic commerce if necessary
for the fact-finding survey including electronic commerce statistics etc., in accordance with
paragraph (1).
(3) Where they are required to the presentation of related materials etc, pursuant to
paragraph (1) from the Minister of Commerce, Industry and Energy, the Government agencies,
electronic commerce businessmen or juristic persons and organizations related to electronic
commerce shall cooperate positively with such the demand.
(4) Any necessary matters concerning the performance of the fact-finding survey, electronic
commerce statistics etc., shall be prescribed by the Presidential Decree.
Article 29 (Internationalization of Electronic Commerce) (1) The Government may support the
projects or businesses for exchanges of the relevant information, technology and manpower,
9. joint research and development and technical cooperation as well as international
standardization, etc. so as to promote the international cooperation with respect to electronic
commerce.
(2) The Government shall make an effort to facilitate launching into foreign market of
electronic commerce businessmen as well as to cope with and participate in a controversy of
international organizations related to electronic commerce.
Article 30 (Electronic Commerce Support Center) (1) The Government shall formulate and
implement necessary policies to promote electronic commerce of small and medium enterprises.
(2) The Minister of Commerce, Industry and Energy may, for the purpose of promoting
electronic commerce of small and medium enterprises, designate any institute which conducts
businesses for supporting education and training, technical guidance, management consultation
and information provision, etc. as the Electronic Commerce Support Center (hereinafter referred
to as the "ECSC").
(3) Any necessary matters concerning the designation of the ECSC, criteria for the withdrawal
of such designation, report for the achievement of promotion programs and support of expenses
etc., shall be set forth in the Presidential Decree.
Article 31 (Support for promotion of electronic commerce) (1) The State or the local
government may grant the preferential taxation treatment such as regulation of tax reduction
and exemption Act and Local Tax Act etc., pursuant to tax-related Acts in order to promote
electronic commerce.
(2) The Government may support part of the expenses therefor to the limit of the relevant
budget if any juristic person or organization related to electronic commerce performs a project
which is prescribed by the electronic commerce promotion program.
CHAPTER ELECTRONIC COMMERCE MEDIATION COMMITTEEⅥ
Article 32 (Establishment and Composition of Electronic Commerce Dispute Mediation
Committee) (1) A Electronic Commerce Dispute Mediation Committee (hereinafter referred to
as the "Dispute Mediation Committee") shall be established to mediate any dispute over
Electronic Commerce.
(2) The Committee shall consists of not less than fifteen but not more than fifty members
including one chairman.
(3) The members shall be appointed or commissioned by the Minister of Commerce, Industry
and Energy from among the persons falling under any of the following subparagraphs, and the
chairman shall be elected from among the members.
1. Persons who presently serve or have served in universities as associate professors or
higher and in publically recognized research institutes as researchers with their positions
corresponding to the former and majored in a field relating to electronic commerce;
2. Public officials of Grade IV or higher or persons who presently work or have worked in
public institutions with their positions corresponding to the former and have experiences in
dealing with the affairs of electronic commerce;
10. 3. Persons who holds qualifications of judges, prosecutors, or attorneys-at-law;
4. Persons recommended by nonprofit nongovernmental organizations established pursuant to
Article 2 of the Assistance for Nonprofit Non-governmental Organizations Act;
5. Other persons who have knowledge and experience in dealing with electronic commerce and
dispute mediation.
(4) The members of the Committee shall be non-standing, and the terms of office for the
members shall be 2 years and they may be reappointed or recommissioned.
(5) A secretariat shall be established in the Korea Institute for Electronic Commerce pursuant
to Article 22 to support the Dispute Mediation Committee's affairs.
(6) Any necessary matters for the qualification of the members and the guarantee of their
status as well as the exclusion, exception and refrainment of the members shall be determined
by the Presidential Decree.
Article 33 (Mediation of Dispute) (1) Any person who wants to refer any dispute conciliation
and loss redemption over the electronic commerce may request a mediation of the dispute to
the Committee.
(2) The Committee shall, upon receiving an application for mediating a dispute under
paragraph (1), advise to parties involved in the dispute and make out a draft mediation within
45 days from the date of receiving such application: Provided, That if there are unavoidable
circumstances for extending the period, the Dispute Mediation Committee shall notify to parties
involved in the dispute and specify the reason and period for extending.
(3) The Committee may commit the department of mediation which is composed of within
three members to the mediation of dispute, if necessary matters for the mediation of dispute
in accordance with paragraph (2).
Article 34 (Request for Materials, etc.) (1) The Dispute Mediation Committee may ask parties
involved in a dispute or relevant witnesses to provide materials necessary to mediate the
dispute. In this case, the relevant parties shall comply with the request unless the justifiable
grounds exist that make it impossible for them to do so.
(2) The Committee may, when it is deemed necessary, get parties involved in a dispute or
relevant witnesses to be present at a meeting of the Dispute Mediation Committee to hear
their opinions.
Article 35 (Effect of Mediation) (1) The Mediation shall be concluded in cases falling under
any of the following subparagraphs:
1. Where parties involved in the dispute shall agree to a mediation recommendation in
accordance with Article 33 (2).
2. Where parties involved in the dispute shall submit a written agreement for the mediation
which is made by themselves in the Committee.
(2) The committee shall prepare a written mediation and the parties involved in the dispute
shall subscribe their names thereto and affix their seals thereon in case of paragraph (1).
(3) The written agreement for the mediation under paragraph (2) shall have the full force and
effect of a mutual agreement between parties.
Article 36 (Rejection and Suspension of Mediation) (1) The Committee shall give parties
11. involved in the dispute a notice that the mediation has been rejected and suspended in cases
falling under any of the following:
1. Where an application of dispute mediation shall be withdrawn or any side of parties
involved in the dispute shall decline the mediation of dispute.
2. Where parties involved in the dispute shall reject the mediation plan of the committee.
3. Where filed a lawsuit in a law court to the dispute mediation case.
4. Where it is deemed that it is inappropriate for the committee to mediate the case in the
light of its nature.
Article 37 (Expenses for Mediation, etc.) (1) The Committee may bear the expenses for
mediation to parties who are applied for the dispute mediation pursuant to the Presidential
Decree.
(2) The Government may contribute or subsidize the expenses necessary for the operation of
the Committee within the scope of the budget.
Article 38 (Operation of the Committee) With the exception of what is prescribed in Articles 36
through 39, necessary matters concerning the operation of the Committee and the mediation
department as well as the procedures for mediating any dispute, etc. shall be prescribed by the
Presidential Decree.
CHAPTER VI SUPPLEMENTARY PROVISIONS
Article 39 (Delegation and Entrustment of Authorities) Part of authorities of the Minister of
Commerce, Industry and Energy under this Act may be delegated to the heads of organizations
under his control or local governments, or entrusted to the heads of the relevant central
administrative agencies in accordance with the Presidential Decree.
Article 40 (Reciprocity) This Act shall be applied to individuals and juristic persons of foreign
states: Provided, That individuals and juristic persons of any foreign state which does not grant
counterparts of the Republic of Korea the protection equivalent to that under this Act may be
granted the correspondingly restricted extent of the protection under this Act or said
international treaties in the Republic of Korea.
ADDENDA
Article 1 (Enforcement Date) This Act shall enter into force on July 1, 2002.
Article 2 (Transitional Measures concerning Designation of Electronic Commerce Support
Center) The institution which has been designated as an Electronic Commerce Support Center
in accordance with previous Article shall be deemed to be designated as the ECSC in
accordance with Article 30 (1) hereof.
Article 3 (Relation with other Acts) If other Acts and subordinate statutes cite the former
framework Act on Electronic commerce or the provision at the time this Act enters into force,
this Act or the corresponding provisions in this Act shall be regarded as being cited.