CHAPTER 22 E-COMMERCE 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

GUIDELINES In March 2006, the Federal Government released the Australian Guidelines for Electronic Commerce which applied to business-consumer electronic commerce. The Guidelines apply to all traders operating within Australia but do no apply to any electronic transactions between individuals who are not engaged in any business activity. These guidelines do not replace legal obligations under any State or Commonwealth consumer protection legislation. 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

INTERNET BODIES The main bodies involved in the internet are: Internet Service Providers (ISP) Internet Content Hosts (ICH) Internet Content Providers (ICP) 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

INTERNET LEGAL ISSUES The principal legal issues associated with e-commerce include: Contracts Defamation Copyright Privacy Spam Consumer Protection 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

ELECTRONIC TRANSACTIONS ACT 1999 (CTH) Electronic transactions are valid Electronic transactions satisfy “writing” Recognition of electronic “signatures” Records can be maintained electronically 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

THE SPAM ACTS Prior consent is required before sending various commercial emails or electronic messages Electronic messages must contain certain prescribed information Messages from charities or religious groups or educational bodies may be “exempt” from consent requirements 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

SCAMWATCH The ACCC has become concerned about the levels of internet fraud taking place and has set up a special website to deal with complaints and to advise people who have been victims of a scam. See http://www.scamwatch.gov.au The ACCC is also a member of the Australiasian Consumer Fraud Taskforce which was formed in March 2005 and comprises 21 governmental regulatory agencies and departments to raise community awareness of frauds and scams 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

WHAT ARE COMMERCIAL ELECTRONIC MESSAGES? Messages that offer or promote or advertise such things as: products or services real estate investments or business deals suppliers of products or services 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

PROTECTION OF DOMAIN NAMES To prevent a person using an identical or similar domain name there are a number of laws including: Trade Practices Act Trade Marks Act The tort of “passing off” 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

INTERNET DEFAMATION The normal laws of defamation apply. The High Court has stated that “publication” occurs when the defamatory material is downloaded, read and understood by the subscriber: Dow Jones v Gutnick. It is possible to be defamed in different places and to bring separate actions in different places. 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

INTERNET AND COPYRIGHT Internet materials that may be protected by copyright laws include: Websites Databases or software Texts Videos or songs 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

AUSTRALIAN GUIDELINES FOR BUSINESS TO CONSUMER E-COMMERCE In March 2006 the Commonwealth Government introduced guidelines for businesses engaged in trade using e-commerce. The main aims of the guidelines are to promote consumer confidence and encourage businesses to adopt “fair business practices”. There are a variety of matters on a checklist for businesses to follow, including: Are the terms of any contract clear and accurate? Is advertising clear and not confusing? Are marketing messages prepared in a way to avoid spam? 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition

AUSTRALIAN GUIDELINES CONT’D The guidelines are a code of conduct that includes such matters as: Fair business practices Accessibility to information Advertising and marketing Disclosure of identity and location of businesses Adoption of privacy principles Fair and effective handling of complaints Dispute resolutions 2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint slides to accompany A Guide to Business Law, 19th Edition