ABSTRACT

The development of new technologies places new challenges to the interpretation and implementation of legislation in the information society. The recent deployment of service-oriented computing and cloud computing for online commercial activities has urged countries to amend existing legislation and launch new regulations. With the exponential growth of international electronic commercial transactions, a consistent global standard of regulating the legal effects of electronic communications, the protection of data privacy security and the effectiveness of Internet-related dispute resolution are motivating factors to build users’ trust and confidence in conducting cross-border business and their sharing information online.

The second edition of this book continues taking a ‘solutions to obstacles’ approach and analyses the main legal obstacles to the establishment of trust and confidence in undertaking business online. In comparing the legislative frameworks of e-commerce in the EU, US, China and International Organisations, the book sets out solutions to modernise and harmonise laws at the national, regional and international levels in response to current technological developments. It specifically provides information on the key legal challenges caused by the increasing popularity of service-oriented computing and cloud computing as well as the growing number of cross-border transactions and its relation to data privacy protection, Internet jurisdiction, choice of law and online dispute resolution. It considers how greater legal certainty can be achieved in cloud computing service contracts and other agreements resulted in service-oriented computing.

The second edition of Law of Electronic Commercial Transactions is a clear and up to date account of a fast-moving area of study. It will be of great value to legislators, politicians, practitioners, scholars, businesses, individuals, postgraduate and undergraduate students. It provides in-depth research into finding solutions to remove eight generic legal obstacles in electronic commercial transactions and offers insights into policy making, law reforms, regulatory developments and self-protection awareness.

part I|28 pages

Introduction

chapter 1|26 pages

Introduction

part II|88 pages

Electronic Contracts

chapter 2|9 pages

What is an electronic contract?

chapter 3|22 pages

When is an electronic contract made?

chapter 4|13 pages

What are the terms and conditions?

chapter 5|15 pages

What are the vitiating factors?

chapter 6|6 pages

Where is the contract made?

part III|103 pages

Online Security

chapter 9|30 pages

Data privacy protection regulations 1

chapter 11|13 pages

Liability of Internet service providers

implementation of the notice and takedown (NTD) procedure 1

part IV|73 pages

Dispute Resolution

chapter 12|71 pages

Resolving electronic commercial disputes

part V|11 pages

The Future

chapter 13|9 pages

Conclusions and recommendations