The Law of ECommerce Introduction to ecommerce law

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

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

Who am I? Deveral Capps SUB 0012 C 0191 227 3027 d. capps@northumbria. ac.

Who am I? Deveral Capps SUB 0012 C 0191 227 3027 d. capps@northumbria. ac. uk

Lecture Programme Lecture Topic 1 Introduction to e-commerce law 2 Electronic Contracts 3 Electronic

Lecture Programme Lecture Topic 1 Introduction to e-commerce law 2 Electronic Contracts 3 Electronic Contracts 4 Electronic Contracts 5 Electronic Signatures and Security 6 Consideration 7 Consumer Protection 8 Intellectual Property 9 Intellectual Property 10 Jurisdiction and Crime

Seminar Programme Workshop Topic 1 Electronic Contracts 2 Electronic Signatures and Security and Electronic

Seminar Programme Workshop Topic 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

Books There are numerous books available on the topic of e-commerce, many are out

Books There are numerous books available on the topic of e-commerce, many are out of date.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.

Books Encyclopedia of Information Technology Law, Sweet and Maxwell, London M Chissick & A

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, 2000. 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

Books (cont’d) C Reed & J Angel, Eds. , Computer Law, 4 th Edition,

Books (cont’d) 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

Online Materials You will need to supplement your study with reference to online materials.

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 ecommerce law.

Definitions What is meant by the term e-commerce? “The concept of electronic commerce can

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.

Further definitions “at its simplest, e-commerce is the buying or selling of goods and

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

e-commerce at its simplest “E-commerce is the term used to describe the electronic creation

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”

How can e-commerce be effected? E-commerce can be effected in two main ways. 1.

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)

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

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

How do these groups interact? 1. Business to Business (B 2 B) 2. Business

How do these groups interact? 1. Business to Business (B 2 B) 2. Business to Consumer (B 2 C) 3. Consumer to Consumer (C 2 C)

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

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

Why do e-commerce? Profits are increased because of the benefits of Internet shopping for

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.

Why do e-commerce? There is a belief that goods bought from the Internet are

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.

Why do e-commerce? Why are overheads lower? These apply to internet only businesses. -

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.

Straw Poll How many of you have bought something from the Internet? This includes

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

Statistics In November 2002, 1 billion pounds was spent on online purchases in the

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.

Statistics 2004 GBP 71. 1 billion (e-commerce Survey of Business)

Statistics 2004 GBP 71. 1 billion (e-commerce Survey of Business)

Statistics Online sales grow each year IMRG estimates that UK online retail sales are

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

Global Internet Usage 2002 Africa 6. 31 million Asia/Pacific 187. 24 million Europe 190.

Global Internet Usage 2002 Africa 6. 31 million Asia/Pacific 187. 24 million Europe 190. 91 million Middle East 5. 12 million Canada & USA 182. 67 million Latin America 33. 35 million World Total 605. 60 million

Internet Usage Statistics Country August 2005 Australia 9, 881, 438 Brazil 11, 630, 195

Internet Usage Statistics Country August 2005 Australia 9, 881, 438 Brazil 11, 630, 195 France 15, 278, 597 Germany 29, 576, 985 Italy 16, 231, 011 Japan 39, 001, 846 Spain 9, 846, 290 Sweden 4, 700, 804 Switzerland 3, 501, 981 United Kingdom 22, 792, 544 United States 140, 589, 403

Current Internet Usage 1. 08 billion (Computer Industry Almanac) Projection for 2010 - 1.

Current Internet Usage 1. 08 billion (Computer Industry Almanac) Projection for 2010 - 1. 8 billion

Access to the Internet A year ago, only 46% of Internet users in the

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

Where do people access the Internet from? 88% 48% 29% 13% 10% at home

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

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

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

Email Statistics According to Europemedia: Italians sent 70 billion email messages in 2002. The

Email Statistics According to Europemedia: Italians sent 70 billion email messages in 2002. The research indicates that around 160 million messages were sent daily by business users, while home users sent 20 million on average.

More statistics Italian employees spend approximately two working hours a day sending and receiving

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

Email Statistics 550 million emails were sent and received by British households during January

Email Statistics 550 million emails were sent and received by British households during January 2002 alone. A third of all email sent is spam (ECommerce Times)

Email Statistics 20 th March 2002 “Email became more popular than postal mail in

Email Statistics 20 th March 2002 “Email became more popular than postal mail in the UK, with the number of emails being sent and received from households exceeding letters. ” Net. Value

The law of e-commerce E-commerce covers a wide number of legal areas. Some of

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

Development of e-commerce law Given the global nature of e-commerce law, there has been

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.

European Directives have led to: Electronic Communications Act 2000 Electronic Commerce Regulations 2002 Consumer

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

Blackboard Full use will be made of Blackboard. This includes: Workshop materials Lectures (electronic

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