Semester - X Cyber Law Marks: 100 Course Credits: 4

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B.Com.LL.B.

(Five year Integrated Course) 


SEMESTER -X 
CYBER LAW Marks: 100  
Course credits: 4 
  
Unit III.  
3.1 E-commerce- Legal issues 
3.2 Legal Issues in Cyber Contracts 
3.3 Cyber Contract and IT Act 2000 
3.4 The UNCITRAL Model law on Electronic 
Commerce 
  
   
3.1 E-commerce- Legal issues 
 
legal issues in the e-commerce 
Domain name. The choice of domain name in the e–commerce 
is di cult process requiring assessment of many factors.  
Website. ... 
Rights of Intellectual Property.  
Terms and conditions, required information.  
Privacy and security.  
Online deals.  
Return policy. 
 
   
With the advanced and increased use of online media, online 
business is becoming a fast emerging trend. Every five in eight 
companies are operating online, conducting e-commerce 
business.  
But being functional online doesn’t mean you can escape legal 
matters. 
 
There are various legal issues associated with eCommerce 
businesses as well. And if these issues are not taken care of in 
time, they can lead to serious problems for your business. 
 
   
Described below are some of the common legal issues an 
e-commerce business faces. 
 
Incorporation Problem 
 
If you are a company operated merely via a website, not being 
incorporated is a crucial problem. Any purchase and selling 
activity related to your products will be considered illegal and 
you can’t claim your right in case of any fraud and corruption. 
Without incorporation, your business has no shelter. 
 
 
   
Trademark Security Problem 
 
Not getting your trademark protected is one of the main legal 
issues in the field of e-commerce. Since trademark is your 
company’s logo and symbol, the representation of your 
business all over the web, it must be protected. If you don’t 
secure it, it won’t take long before you’ll realize your trademark 
is being infringed upon. This is very common legal issue and 
can become a deadly threat to your e-business. 
 
With the hackers on loose and cybercrime so common, 
trademark infringement of your business or by your business 
can be a serious legal matter and may hinder your business’s 
progress. 
 
Copyright Protection Issue 
 
While publishing content for your e-commerce website, using 
content of any other company can be a severe legal problem. 
This might mark an end to your e-business. There are many 
sites online which are royalty free and allow you to access their 
content and images. You may use those sites for creating web 
content for your business site. 
 
Even if you unintentionally used copyrighted content, the 
other party can easily sue your business. 
 
   
Transaction Issues 
 
The Australian Consumer Law (ACL) governs all e-commerce 
transactions in Australia. Therefore, if you do not abide by the 
rules, you can get into serious law violation problems. 
 
If your business fails to provide clear and complete 
description of the product, cost and purchase details, 
information about delivery i.e. when the customer will receive 
products and other information related to exchange and 
refunds, the ACL can impose penalties on your business. 
 
In India: 
 
   
Privacy Issues 
 
When it comes to online businesses, privacy is the major issue 
that can create problems both for the business and 
customers. Consumers share information with businesses 
online and they expect the sellers to keep their information 
confidential. By just one minor mistake and leakage of 
valuable information of a customer, you’ll not only lose your 
potential customer but your image and reputation will become 
a question mark. Moreover, you’ll be subjected to serious legal 
problems. 
 
If e-commerce businesses lead to exposure and advantages 
for businesses online, then it certainly has given rise to some 
legal issues too that can be avoided by keeping in mind the 
rules and laws framed by Government. 
   

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