E-commerce Act first step - report

A new report says any attempts by individual countries to legislate on e-commerce will lead to fragmentation across national …

A new report says any attempts by individual countries to legislate on e-commerce will lead to fragmentation across national boundaries until an international e-commerce framework agreed by individual states is put in place.

While the study, E-Commerce Legislation: Facilitating Requirements for Export Expansion welcomes the passing into law of the Electronic Commerce Act earlier this month, it warns it is only the first step towards providing a certain and secure environment for e-business.

It says independent certification services to secure and validate electronic documents will not be able to operate to their full potential until standards have been agreed at European level. The study, which was commissioned by the Institute of International Trade in Ireland, and prepared by McCann FitzGerald Solicitors and Finalysis, says any business website dealing with consumers online will need to be in compliance with the European Union Electronic Commerce Directive, the Data Protection Directive, the Distance Selling Directive and the proposed Distance Marketing Directive, which aims to improve consumer protection online. The report recommends that websites be designed to ensure any buyer must scan through terms and conditions and expressly accept them before any contract can be concluded. To guard against disputes over consumer contracts in other markets, traders are advised to identify solely the markets in which they wish to trade and seek to exclude all other markets.

Speaking at the publication, Mr William Earley, head of the e-commerce and information technology group at McCann FitzGerald Solicitors, said: "This study provides a snapshot of the factors currently shaping the development of e-commerce in Ireland. It demonstrates what has already been done and highlights important steps which need to be taken to copper-fasten the position."

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Copies of the report are available for members of the Institute of International Trade in Ireland at 01 661 2182.

Madeleine Lyons

Madeleine Lyons

Madeleine Lyons is Food & Drink Editor of The Irish Times