e-Commerce Law

e-Commerce is the exchange of business-related information using electronic formats, including electronic date interchange (EDI), e-mail, electronic bulletin boards, faxes, and electronic funds transfer (Turban, 2000). e-Commerce law concerns the legal implications of certain actions online and it should address a broad scope of legal issues covering operation, financial, security, privacy, taxation and regulations concerning online activities.

In Hong Kong, the Electronic Transaction Ordinance was enacted on January 7, 2000 and became effective in Apr 7, 2000. The ordinance authorizes the use of Electronic and Digital Signatures, Electronic Records as valid communication methods. It provides for the legal validity of digital signatures and electronic records, as well as for the retention of electronic records and their admissibility in any legal proceeding. Additionally, the Ordinance explains the requirements for the formation of an electronic contract, and establishes regulations for the licensure of certification authorities.

While in China, the government tends to set up guidelines or regulations as means of control. Instead of law make-up by legislative body, e-Commerce falls under the supervision of different government departments. Apart from central bureaus like State Council, Ministry of Public Security and Ministry of Information Industry, local governments also set up their own regulations.