Legal and regulatory issues
It is important to consider the legal and regulatory issues along side the technological and marketing requirements for your website.
The legislative framework around e-commerce and e-business is still evolving and strictly speaking there is no comprehensive national or international framework. But it is important to continue monitoring developments and plan to adapt to the changing legal circumstances.
Your understanding and compliance with e-commerce law is a critical to building customers trust, particularly with respect to e-commerce transactions.
Australian law (and generally the relevant public law of the consumer’s country) aims to protect consumer’s participating in cross-border electronic transactions. Australian companies should clearly specify, on their website and any contract documents, which Australian law governs the transaction.
What steps can you take to ensure your website is complying with both domestic and international (particularly if you are using your website to target buyers in overseas markets) consumer protection provisions?
- You can ensure your website complies with international best practice on consumers and the Internet. 'Building Consumer Sovereignty in Electronic Commerce: A best practice model for business' published by the Treasury Department can help your business comply with relevant legislation.
- The US Federal Trade Commission also answers questions on cross-border e-commerce issues and provides consumer protection information on countries around the world.
Should a dispute arise then jurisdictional issues may be a problem when dealing with a buyer in another part of the world. If the overseas party to your contract is another business then clearly stipulate which law will govern the transaction in case of a dispute.
To minimise disputes arising seek the advice of a legal professional. The following online resources may also be valuable in defining the cross-border legal issues:
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