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The Law of E-Commerce
Introduction to e-commerce law
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Who am I?
Deveral Capps
CCE1 315
0191 227 [email protected]
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Lecture ProgrammeLecture 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 Property9 Intellectual Property
10 Jurisdiction and Crime
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Workshop Programme
Workshop Topic
1 Electronic Contracts2 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
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Books
There are numerous books available onthe topic of e-commerce, many are out
of date.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.
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Books
Encyclopedia of Information Technology Law, Sweet and Maxwell, London
M Chissick & A Kelman, Electronic Commerce Law and Practice, Sweet andMaxwell, London
L Edwards & C Waelde, Law & the Internet, a framework for electroniccommerce, 2nd 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
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Books (contd)
C Reed & J Angel, Eds., Computer Law, 4th Edition, OxfordUniversity Press, Oxford
D Rowland & E Macdonald, Information Technology Law, 2ndEdition, 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
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Online Materials
You will need to supplement your studywith reference to online materials.
Westlaw has a good range of electronicjournals.
Numerous other updaters for e-commerce law.
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Definitions
What is meant by the term e-commerce?
The concept of electronic commercecan be defined as using an electronicnetwork to simplify and speed up all
stages of the business process, fromdesign and making to buying, sellingand delivering DTI 1999.
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Further definitions
at its simplest, e-commerce is thebuying or selling of goods and services
of any kind on the Internet
Irish Revenue Commissioner 1999
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e-commerce at its simplest
E-commerce is the term used todescribe the electronic creation of a
contract, normally which is for goods orservices
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How can e-commerce be
effected?E-commerce can be effected in twomain ways.
1. Via the Internet.
2. Via an electronic mail system(including EDI type systems)
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Who takes part in e-
commerce?E-commerce is undertaken by two mainrecognisable groups.
Consumers
Business
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How do these groups interact?
1. Business to Business (B2B)
2. Business to Consumer (B2C)
3. Consumer to Consumer (C2C)
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Why do e-commerce?
There is only one reason whybusinesses like e-commerce.
Profits
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Why do e-commerce?
Profits are increased because of the benefitsof Internet shopping for consumers. Theseare:
24/7 opening which means utter flexibility;
Worldwide market; and
Cost/price of the goods.
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Why do e-commerce?
There is a belief that goods bought fromthe Internet are cheaper.
This is not always so.
However, business overheads are oftenlower.
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Why do e-commerce?
Why are overheads lower? Theseapply to internet only businesses.
- No shop space required savingrent, insurance, lights, heating.
- Fewer staff required savingwages, staff training, insurance.
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Straw Poll
How many of you have boughtsomething from the Internet?
This includes plane tickets, train tickets,CDs/DVDs from America, books?
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Statistics
In November 2002, 1 billion pounds wasspent on online purchases in the UK
Between 1st December and 8thDecember 2002, 2 billion dollars wasspent on online purchases in the USA.
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Statistics
2004 GBP 71.1 billion
(e-commerce Survey of Business)
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Statistics
Online sales grow each year
IMRG estimates that UK online retailsales are growing three times fasterthan in the US.
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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
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Internet Usage StatisticsCountry 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
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Current Internet Usage
1.08 billion
(Computer Industry Almanac)
Projection for 2010 - 1.8 billion
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Access to the Internet
A year ago, only 46% of Internet usersin the UK were broadband enabled.
But growth has been sharp and swift,and now nearly 75% of surfers are
using high-speed connections
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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
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How do people access the
internet?
85% via a desktop computer
28% by a laptop
22% mobile phone
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Email Statistics
According to Europemedia: Italians sent70 billion email messages in 2002.
The research indicates that around 160million messages were sent daily by
business users, while home users sent20 million on average.
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More statistics
Italian employees spend approximatelytwo working hours a day sending and
receiving an average of 70 messages aday.
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Email Statistics
550 million emails were sent and
received by British households duringJanuary 2002 alone.
A third of all email sent is spam (E-Commerce Times)
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Email Statistics
20th March 2002
Email became more popular than
postal mail in the UK, with the numberof emails being sent and received from
households exceeding letters. -NetValue
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Development of
e-commerce lawGiven the global nature of e-commercelaw, there has been a global response
to the legal issues.
Europe has issued numerous Directives
ensuring that all European Statesdevelop similar laws.
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European Directives
European Directives have led to:
Electronic Communications Act 2000
Electronic Commerce Regulations 2002
Consumer Protection (Distance Selling)Regulations 2000.
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Blackboard
Full use will be made of Blackboard.
This includes:
Workshop materials
Lectures (electronic recordings)
Up to date book lists
Discussion Board