 | INTERNET LAW - Online Shopping: An Overview of the Legal Pitfalls Facing Business to Consumer E-commerce Within the context of South Africa Law |
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| | Murdoch Watney
Sunday, June 21, 2009
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| | Purchasing goods and/or services online is quick, convenient and allows the purchasing or selling of services and/or goods outside the borders of a country.[1] The online parties, especially the purchaser, generally known as the consumer,[2] is seldom concerned with the meaning of the term, ’e-commerce’[3] and the legal ramifications of online purchasing but is more interested in the advantages[4] of cyber shopping that can vary from purchasing a plane ticket to books or accommodation to software.
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| INTERNET LAW - European Union Legislation on Electronic Communication Networks |
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| | Martha L. Arias, IBLS Director
Sunday, June 07, 2009
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| | Electronic communication networks (ECNs) are technological means that facilitate e-trading; governments deliberately regulate them because they are used to trade financial products. The European Union (EU) has extensively regulated ECNs through a framework directive and additional directives commonly known as Specific Directives. This article provides general information on EU community legislation regulating ECNs and the United Kingdom's challenges to the creation of the European Network and Information Security Agency (ENISA). [More...] |
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| INTERNET LAW - Personal Data in a Website may Violate the EU Data Protection Directive |
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| | Martha L. Arias, IBLS Director.
Monday, October 20, 2008
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| | The European Union (EU) Data Protection Directive 95/46/EC (DPD), article 3(1), states that this Directive applies to the processing of person al data wholly or partly by automatic means, and to other form of processing of personal data that forms- or intends to form- part of a filing system. An interesting question is whether personal information posted in a website is considered "processing of personal data” by “automatic means.” In other words, is the EU DPD applicable to personal data kept and posted in websites? [More...] |
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| INTERNET LAW - Washington State Streamlined Internet Sales Tax of 2008 |
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| | Kelly O'Connell, IBLS Editor
Tuesday, May 27, 2008
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| | Washington State Gov. Chris Gregoire has signed into law Senate Bill 5089, the Streamlined Sales and Use Tax Agreement (SSUTA) bill, a measure encouraging Internet and catalog businesses to gather and remit the state sales taxes on purchases by Washington residents. The law is the Washington version of the national SSUTA agreement which is an attempt to cobble together a way to tax the Internet. Said Gregoire said as she signed the bill into law, "This is absolutely about tax fairness to the businesses of the state of Washington." Washington is now one of 21 other states passing legislation to become members of the Streamlined Sales Tax Project. [More...] |
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| INTERNET LAW - EU Study Finds Widespread Violations of Online Sales Law |
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| | Kelly O'Connell, IBLS Editor
Monday, November 05, 2007
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| | In a just-completed October 2007 study of online sales that focused upon the European travel industry, the European Commission found that violations of simple online sales legislation were commonplace, even on easy-to-understand standards, such as the requirement that the language of advertised offers be clear, and not misleading. The findings may lead to a widespread crackdown on such misleading sites, as hundreds of travel portals were out of compliance.
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| INTERNET LAW - Europe says No to Online Advertisement Monopoly- Google-DoubleClick Deal |
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| | Martha L. Arias, IBLS Director
Monday, October 22, 2007
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| | The European Consumers Organization- Beuc, opposes Google's acquisition of DoubleClick and so expressed in its letter to the EU Commissioner Neelie Kroes. Google, the search engine giant, has informed that it intends to buy the digital marketing company DoubleClick for US$3.1 billion. Opponents fear both massive violation of privacy rights and monopoly in the online advertisement market. Just like Beuc, other European countries have opposed this transaction as well. [More...] |
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| INTERNET LAW - Are Tax Authorities Surfing E-business’ Web? |
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| | Martha L. Arias, IBLS Director
Monday, October 15, 2007
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| | Sure they are; and they will. We all have heard of Uncle Sam's, and its counterpart in other countries, far reaching compliance investigations. Well, that investigation capacity is not declining when it comes to e-commerce businesses. The US Internal Revenue Service (IRS) and other foreign government tax authorities, like the Canada Revenue Agency (CRA), are requesting e-business seller"s records to determine whether those e-commerce businesses are candidly reporting their revenue. For instance, the IRS and the CRA have requested eBay confidential financial information about their online sellers. Not surprisingly, Federal courts in both countries have ordered eBay to disclose that information once eBay has refused to provide the confidential data.
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| INTERNET LAW - E-commerce in Korea |
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| | Republic of Korea E-commerce
Wednesday, September 12, 2007
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| | Korean companies are accelerating their efforts to facilitate e-commerce, while the Korean government is endeavoring to come up with industrial policies central to e-commerce, by establishing the Basic Act on Electronic Commerce in 1999, "Comprehensive Policies for e-Commerce Development" in 2000 and "e-Business Initiative in Korea" in 2001
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| INTERNET LAW - eBay Hustles to Secure E-payment Dominance |
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| | Editor, Maricelle Ruiz, IBLS Director – Europe
Monday, May 21, 2007
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| | eBay company PayPal is modifying its company structure and strategy in Europe to ensure market dominance in the online payment sector. The electronic payment service is relocating from the United Kingdom to Luxembourg, where it is slated to open a bank this summer to finance online purchases. PayPal is said to be rushing to expand services to prevent Google Checkout and other competitors from making inroads into an area it has traditionally dominated. It also wants to put an end to confusion in Europe over the services it offers to quickly increase clientele. [More...] |
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| INTERNET LAW - Home Delivery: Online Sales of Marihuana |
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| | Martha L. Arias, IBLS Director.
Monday, May 07, 2007
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| | The following are excerpts from an ‘online marihuana dealer:’
“Simply be aware to actually buy real marijuana online is a crap shoot and very risky. The new designer marijuana alternatives can get you just a buzz as to buy real marijuana. The best way to real marijuana is to grow your own and start with good marijuana seeds. Otherwise buy marijuana with extreme caution.” [end quote]
Then, it says:
“A good cannabis online product order purchasing practice is to start with contacting a company with a question and/or a small order, just to see if you get a response. If it comes through, enlarge your order the next time but not by too much. A good example is to try a few cannabis seed-banks and discover the best one for you. Money orders, cheques (sic), credit cards, pay pal and western union are all easy to use. It's a smart buy cannabis purchasing practice is to start off small and find a reliable cannabis vendor by placing a few small orders with different companies. You'll always find someone willing to deliver to anywhere in the world. Privacy should be #1 on your mind at all times.” [end quote].
That’s right. E-commerce opened markets and frontiers for everything, even ‘illegal products’. It is not that sales of illegal products did not take place before the cyber-era, but it is just a bit shocking to find out that illegal drugs may be so freely advertised nowadays.
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| INTERNET LAW - EU Special VAT Registration Scheme for Non-EU Businesses |
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| | IBLS Editorial Staff
Wednesday, May 02, 2007
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| | There is a special VAT registration scheme for non-EU businesses, such as private individuals and non-business organizations, that provide 'electronically supplied service' to EU consumers. This scheme offers a discretionary, simplified means of registering and accounting electronically for EU VAT, effective July 1, 2003.
An 'electronically supplied service' is a service that, in the first instance, is delivered over the Internet or through an electronic network. These services include the provision of digitized products, such as software, and the provision of any service which provides, or supports a business or personal presence on an electronic network; for instance a website or a Webpage.
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| INTERNET LAW - Stop! Private Information Ahead |
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| | IBLS Contributor: Odia Kagan, Partner, Shavit Bar-On Gal-On Tzin Nov Yagur Law Offices – Tel Aviv, Israel, okagan@sbilaw.com
Monday, April 23, 2007
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| | California initiates a far-reaching change in the protection of online privacy. It is expected that this law will have far-reaching implications as it applies to the owners of certain commercial websites or to providers of online services worldwide.
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| INTERNET LAW - China’s C2C (Consumer to consumer) Market is rapidly Growing |
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| | Martha L. Arias, IBLS Director.
Wednesday, March 07, 2007
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| | according to China’s Internet Network Information Center’s (CNNIC) survey conducted in March 2006. CNNIC survey showed that China’s C2C market (also known as Auction Websites) is rapidly growing in China’s major cities of Beijing, Shanghai and Guanzhou as Internet penetration increases in that country. [More...] |
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| INTERNET LAW - Pennsylvania is Selling Airport- Confiscated Items on eBay |
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| | Martha L. Arias, IBLS Director.
Tuesday, March 06, 2007
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| | Do you want your useful pocket knife, beloved machete, practical scissors, handy handcuffs or sausage grinder, once confiscated at a U.S. airport security check point, back? Well, just go to eBay and buy it back from the Pennsylvania state auction site. 2 ½ tons of miscellaneous items arrive every month to Pennsylvania and are sold on eBay. [More...] |
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| INTERNET LAW - An U.S. Retailer may be Sued if its Website is Inaccessible to the Blind |
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| | Martha L. Arias, IBLS Director.
Tuesday, March 06, 2007
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| | according to a recent decision by a United States (U.S.) Federal Judge in California. The U.S. National Federation for the Blind (NFB) sued Target.com in the Northern District of California (Case No. C 06-01802 MHP) alleging that Target’s website was inaccessible to the blind and therefore it violated the Americans with Disability Act (ADA), the California Unruh Civil Rights Act and the California Disabled Persons Act. Target’s defense was that ADA did not apply to websites and that no Federal law forced Target to make its website accessible. Target filed a motion to dismiss based on this defense but the California Federal Judge denied it. [More...] |
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| INTERNET LAW - The Apple Controversy in Europe Heats up |
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| | Editor, Maricelle Ruiz, IBLS Director – Europe
Wednesday, February 14, 2007
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| | Now that the Microsoft EU controversy seems to be coming to a close, European consumer organizations have joined forces to embark on another legal battle against a different technology giant – Apple and its iPod music player and iTunes online music store. The Apple issue hasn’t reached the European Commission yet, but company executives are already taking contingency measures to avoid a chronic crisis. Meanwhile, a U.S. consumer organization recently set up shop in Brussels to reportedly become an ally of its European counterparts in this debate. [More...] |
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| INTERNET LAW - The EU Finetunes Regulation to Create a Strong Online Single Market |
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| | Editor, Maricelle Ruiz, IBLS Director – Europe
Wednesday, February 07, 2007
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| | The European Commission is overhauling consumer contract rules to pave the way for the creation of a strong online single market. Just as they did in the 1980s with the physical market, according to EU officials, regulatory barriers are hindering the development of a robust online single market. Clear standards are expected to encourage more consumers and small and medium-sized enterprises to engage in cross-border, online transactions and protect individuals and organizations when difficulties occur. [More...] |
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| INTERNET LAW - Legal Precedent Set for Web Accesibility |
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| | Disability Rights Advocates and National Federation of the Blind
Monday, November 20, 2006
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| | A federal district court judge recently ruled in September that a retailer may be sued if its website is inaccessible to the blind. The ruling was issued in a case brought by the National Federation of the Blind against Target Corp. (Northern District of California Case No. C 06-01802 MHP) The suit charges that Target’s website is inaccessible to the blind, and therefore violates the Americans with Disabilities Act. (ADA), the California Unruh Civil Rights Act, and the California Disabled Persons Act. [More...] |
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| INTERNET LAW - 37 US Attorney Generals and the Phillip Morris U.S. Company sign agreement to prevent illegal sells of cigarettes over the Internet |
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| | Martha L. Arias, LL.B., J.D., LL.M.
Wednesday, June 14, 2006
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| | The Attorney Generals found that an illegal sell of PM US cigarettes was taken place over the internet. The agreement calls for three specific remedies, First, PM US will not directly ship cigarettes to US customers that the Attorney General has found to be dealing with illegal internet and mail sells. Second, PM US will reduce the amount of products available to some direct US customers held to be re-selling cigarettes to illegal Internet vendors. And third, PM US will expel from its incentive program, those customers that according to the Attorney General are involved in the illegal sell of cigarettes over the Internet. [More...] |
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| INTERNET LAW - U.S. Customs and Border Protection –CBP- Information on Internet Purchases |
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| | Martha L. Arias, LL.B., J.D., LL.M.
Wednesday, June 14, 2006
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| | The United States Customs and Border Protection website, www.cbp.gov, offers individuals an inclusive page with information on Internet purchases. CBP states that U.S. residents buying online from foreign supplier must be aware of US regulations and limitations and custom duties. For instance, CBP explains that US laws may consider certain foreign products to be unsafe, lacking health requirements, or subject to quota restrictions. In these situations, buyers/importers, may lose their products, wait long time for their products to arrive to their hands, or pay costly storage fees to CBP facilities while their purchase go through the CBP clearance process. Additionally, CBP states that individuals must know that when buying online, their purchase will be subject to the specific US regulation on that specific product and pay the appropriate custom duties. [More...] |
