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The Law of E-Commerce Introduction to e-commerce law.

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Presentation on theme: "The Law of E-Commerce Introduction to e-commerce law."— Presentation transcript:

1 The Law of E-Commerce Introduction to e-commerce law

2 Who am I? Deveral Capps SUB 0012C

3 Lecture Programme LectureTopic 1 Introduction to e-commerce law 2 Electronic Contracts Electronic Signatures and Security 6 Consideration 7 Consumer Protection 8 Intellectual Property 9 10 Jurisdiction and Crime

4 Seminar Programme WorkshopTopic 1 Electronic Contracts 2 Electronic Signatures and Security and Electronic Payments 3 Consumer Protection for electronic contracts 4 Intellectual Property and E-commerce 5 Jurisdictional issues and electronic crime

5 Books There are numerous books available on the topic of e-commerce, many are out of date. If any new books are published over the duration of this course, I will inform you.

6 Books Encyclopedia of Information Technology Law, Sweet and Maxwell, London M Chissick & A Kelman, Electronic Commerce – Law and Practice, Sweet and Maxwell, London L Edwards & C Waelde, Law & the Internet, a framework for electronic commerce, 2 nd Edition, Hart Publishing, Oxford, C Gringras, The Laws of the Internet, Butterworths, London J Philips, Ed., Butterworths Information Technology Handbook, Butterworths, London C Reed, Internet Law: Text and Materials, Butterworths, London

7 Books (contd) C Reed & J Angel, Eds., Computer Law, 4 th Edition, Oxford University Press, Oxford D Rowland & E Macdonald, Information Technology Law, 2 nd Edition, Cavendish Publishing, London, 2000 S Singleton, E-Commerce: A Practical Guide to the Law, Gower, Aldershot, 2001 P Todd, Electronic Commerce Law, Cavendish Publishing, 2005

8 Online Materials You will need to supplement your study with reference to online materials. Westlaw has a good range of electronic journals. Numerous other updaters for e- commerce law.

9 Definitions What is meant by the term e-commerce? The concept of electronic commerce can be defined as using an electronic network to simplify and speed up all stages of the business process, from design and making to buying, selling and delivering – DTI 1999.

10 Further definitions at its simplest, e-commerce is the buying or selling of goods and services of any kind on the Internet Irish Revenue Commissioner 1999

11 e-commerce at its simplest E-commerce is the term used to describe the electronic creation of a contract, normally which is for goods or services

12 How can e-commerce be effected? E-commerce can be effected in two main ways. 1.Via the Internet. 2.Via an electronic mail system (including EDI type systems)

13 Who takes part in e- commerce? E-commerce is undertaken by two main recognisable groups. Consumers Business

14 How do these groups interact? 1.Business to Business (B2B) 2.Business to Consumer (B2C) 3.Consumer to Consumer (C2C)

15 Why do e-commerce? There is only one reason why businesses like e-commerce. Profits

16 Why do e-commerce? Profits are increased because of the benefits of Internet shopping for consumers. These are: 24/7 opening which means utter flexibility; Worldwide market; and Cost/price of the goods.

17 Why do e-commerce? There is a belief that goods bought from the Internet are cheaper. This is not always so. However, business overheads are often lower.

18 Why do e-commerce? Why are overheads lower? These apply to internet only businesses. -No shop space required – saving rent, insurance, lights, heating. -Fewer staff required – saving wages, staff training, insurance.

19 Straw Poll How many of you have bought something from the Internet? This includes plane tickets, train tickets, CDs/DVDs from America, books?

20 Statistics In November 2002, 1 billion pounds was spent on online purchases in the UK Between 1 st December and 8 th December 2002, 2 billion dollars was spent on online purchases in the USA.

21 Statistics 2004 GBP 71.1 billion (e-commerce Survey of Business)

22 Statistics Online sales grow each year IMRG estimates that UK online retail sales are growing three times faster than in the US.

23 Global Internet Usage 2002 Africa6.31 million Asia/Pacific million Europe million Middle East5.12 million Canada & USA million Latin America33.35 million World Total million

24 Internet Usage Statistics CountryAugust 2005 Australia9,881,438 Brazil11,630,195 France15,278,597 Germany29,576,985 Italy16,231,011 Japan39,001,846 Spain9,846,290 Sweden4,700,804 Switzerland3,501,981 United Kingdom22,792,544 United States140,589,403

25 Current Internet Usage 1.08 billion (Computer Industry Almanac) Projection for billion

26 Access to the Internet A year ago, only 46% of Internet users in the UK were broadband enabled. But growth has been sharp and swift, and now nearly 75% of surfers are using high-speed connections

27 Where do people access the Internet from? 88%at home 48%at work 29%at another persons home 13%at a place of education 10%at a public library

28 How do people access the internet? 85%via a desktop computer 28%by a laptop 22%mobile phone

29 Statistics According to Europemedia: Italians sent 70 billion messages in The research indicates that around 160 million messages were sent daily by business users, while home users sent 20 million on average.

30 More statistics Italian employees spend approximately two working hours a day sending and receiving an average of 70 messages a day.

31 Statistics 550 million s were sent and received by British households during January 2002 alone. A third of all sent is spam (E- Commerce Times)

32 Statistics 20 th March became more popular than postal mail in the UK, with the number of s being sent and received from households exceeding letters. - NetValue

33 The law of e-commerce E-commerce covers a wide number of legal areas. Some of these are: - -Crime -Consumer protection -Contract -Data protection -Jurisdiction and Private International Law -Intellectual Property Law

34 Development of e-commerce law Given the global nature of e-commerce law, there has been a global response to the legal issues. Europe has issued numerous Directives ensuring that all European States develop similar laws.

35 European Directives European Directives have led to: Electronic Communications Act 2000 Electronic Commerce Regulations 2002 Consumer Protection (Distance Selling) Regulations 2000.

36 Blackboard Full use will be made of Blackboard. This includes: Workshop materials Lectures (electronic recordings) Up to date book lists Discussion Board


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