30 Dec 2022

91

Legal Protections for E-Commerce

Format: APA

Academic level: College

Paper type: Essay (Any Type)

Words: 620

Pages: 2

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Electronic commerce entails internet based sector of selling and buying of goods and services through electronic methods. It applies various internet technology, e-data interchange, escrowing, e-funds transfer, and mobile commerce, among others. All transactions and engagements mostly take place via the internet. Chakraborty, Lee, Bagchi-Sen, Upadhyaya, and Rao (2016) outlined that t here are various forms of e-commerce such as e-tailing also known as virtual storefronts in which products are listed for sale on a site. Others include electronic book sales, mobile phone applications, online auctions, and subscription fees. E-commerce law refers to legislation and regulations that govern trading online. It is also a way in which consumers, suppliers, and transactions are protected during business engagements online. 

The Federal Communications Commission (FCC) is mandated to regulate the internet in the United States. At the same time, the Federal Trade Commission is mandated with regulating all electronic transactions. All the stipulated laws and guidelines aimed at helping companies and business entities navigate through the complexities of e-commerce issues. Various laws have been passed that aim at regulating all electronic commerce engagements. They include the CAN-SPAM Act of 2003 that put in place measures and guidelines on advertising and marketing such as email marketing. 

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CAN-SPAM Act 

CAN-SPAM Act provides guidelines for all commercial emails. For example, it offers guidelines that include informing recipients of the sender's location, monitors others actions on one's behalf, and gives business entities the option of opting out of a communication channel. According to Chakraborty et al., (2016) the law is aimed at promoting commercial content but except for business to business emails. According to the legislation, all mails must comply with the outlined measures of commercial emails. 

The Internet Policy Making Principles 

The Internet Policy Making Principles came into effect in 2011 and focused on protecting and promoting information free-flow. It aimed at keeping the internet free and open. Among its many components include the privacy policy of customers, copyright laws, cybersecurity, and operational issues on the use of the internet for business purposes. Trump administration has acknowledged the relevance and critical aspect of cybersecurity intending to advance and promote e-commerce. Cybersecurity has been identified as one of the greatest threats to economic progress, free-flow of business transactions, and privacy issues. The Internet Policy Making Principles helps in fostering and streamlining all aspects of commercial engagements concerning cyber security and free-flow of business information. 

Jurisdiction Issues 

There are various jurisdiction issues on e-commerce and especially consumer protection. E-commerce takes place in a borderless or virtual environment. Thus it raises numerous problems on the jurisdiction and collective or single implementation of laws ( Kirillova et al., (2016). They include intellectual property rights, cross border issues, contract with minors, digital products, and taxation. In the protection of consumers, cross borders issues include personal jurisdiction, choice of law, and enforcement. Traditional principles may apply that include long term statute, personal jurisdiction, and specific jurisdiction ( Chakraborty et al., 2016) . E-commerce offers no proof on how to check one's age, thus contract with a minor presents a severe challenge and liabilities within online business platforms. Although e-commerce laws outline various aspects of jurisdiction, it still faces a, especially on the issue of cross-border element and contracts with minors. 

Enhancing Online Business Transaction 

Increasing sales, online presence, and effective use of internet tools is paramount for any business that wants to succeed in e-commerce. However, there are various ways that a company can adopt and apply to increase business online. These can either be technological or legal aspects. According to Kirillova et al., (2016) one of the most effective ways of growing online business engagements includes providing customers with various payment alternatives to ease flexibility. As the business platform is gradually expanding, business entities need to have as many options as possible to help them tap as many customers as possible. It will thus call upon business entities to go beyond the use of credit cards in marking payments. Companies need to embrace new technological payment options such as bitcoins, WePay, AppplePay, Stripe, Google Wallet, among other original and unique payment options. The strategy will enable consumers to blend well and find it convenient to shop or buy one's goods or products. 

References 

Chakraborty, R., Lee, J., Bagchi-Sen, S., Upadhyaya, S., & Rao, H. R. (2016). Online shopping intention in the context of data breach in online retail stores: An examination of older and younger adults.  Decision Support Systems 83 , 47-56. https://daneshyari.com/article/preview/552420.pdf 

Kirillova, E. A., Shergunova, E. A., Ustinovich, E. S., Nadezhin, N. N., & Sitdikova, L. B. (2016). The principles of the consumer right protection in electronic trade: a comparative law analysis.  International Journal of Economics and Financial Issues 6 (2S), 117-122. http://econjournals.com/index.php/ijefi/article/viewFile/2540/pdf 

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StudyBounty. (2023, September 14). Legal Protections for E-Commerce.
https://studybounty.com/legal-protections-for-e-commerce-essay

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