Journal articles on the topic 'Electronic commerce Law and legislation Australia'
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1
Kostiuchenko, Ya M. "THE EXPERIENCE OF LEGAL REGULATION OF THE DEVELOPMENT OF THE DIGITAL ECONOMY ON THE EXAMPLE OF THE LEADING COUNTRIES OF THE WORLD." Actual problems of native jurisprudence 3, no. 3 (June 2021): 189–94. http://dx.doi.org/10.15421/392171.
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The article is devoted to the experience of legal regulation of the digital economy on the example of the world's leading countries. The main spheres and branches of the digital economy that are the subject of legal regulation in the leading countries of the world are identified. A review of acts of legislation of foreign countries governing certain areas and types of legal relations covered by the concept of "digital economy". The opinion is substantiated that the development of the digital economy and its spread have set before the leading countries of the world a priority task to ensure the legal regulation of the relevant processes. The author examines the legislation of such foreign countries as Australia, Great Britain, Italy, France, USA, Japan and others, which defines the basic concepts and terms in the digital economy, establishes the legal regime of digital technology in the economy. It is argued that the peculiarity of the legislation of foreign countries in the study area is that it pays special attention to ensuring the protection of human rights, prevention of cyberattacks. The author describes international and European acts in the field of regulating the development of the digital economy. Based on the review of international law, it was found that its main achievements are: the formation and unification of terminological and conceptual apparatus, regulation and generalization of rules for concluding contracts in electronic form, determining the legal force of notifications and data transmission. used in the conduct of activities in the field of e-commerce, as well as measures to protect consumer rights. Based on the analysis of the experience of foreign countries in the field of digital economy regulation, a number of recommendations have been developed to improve national legislation in the field of digital economy regulation. It is substantiated that the primary task is to plan legislative activities in this area, which will ensure the consistency and orderliness of the adoption of relevant legal acts in the field of digital economy regulation.
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Qin, Di, Zhaonan Mu, and Sijialu Yue. "The Value Orientation of Electronic Commerce Law Based on Computer Network." MATEC Web of Conferences 365 (2022): 01030. http://dx.doi.org/10.1051/matecconf/202236501030.
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In the era of legal globalization, e-commerce platform increasingly mature environment, in order to better meet the practical requirements of e-commerce activities, in the process of e-commerce legislation, practice, should always adhere to the value orientation of fair and equitable legal benefits, and by respecting the existing legal framework, integrate the operation and development environment of computer networks, and formulate e-commerce law in line with the modern e-commerce environment, effectively safeguard the order of e-commerce activities. Based on the analysis of the current situation of e-commerce practice and the legislation of e-commerce law, this paper puts forward the value orientation and practical suggestions of e-commerce law based on computer network.
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Syaparuddin. "CONSUMER PROTECTION LAW IN BUYING AND SELLING GOODS ONLINE." PAPATUNG: Jurnal Ilmu Administrasi Publik, Pemerintahan dan Politik 5, no. 2 (November 4, 2022): 49–54. http://dx.doi.org/10.54783/japp.v5i2.612.
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In recent years, ICT growth has accelerated at a remarkable rate. Sellers (business actors) and purchasers (consumers) are no longer brought together during online transactions (buyers). These deals are made through electronic commerce (E-Commerce). The parties in electronic transactions, the buyers, are often affected by parties who violate agreements and agreements offered through e-commerce mechanisms, despite the fact that legislation regulating e-commerce have been developed. As a result, the purpose of this research is to identify the applicable consumer protection laws for e-commerce. Researcher adopts a normative strategy here. According to the study's findings, if a consumer or customer receives a product that does not match the description or image of the advertised product on the internet, the consumer can launch a civil complaint against the business actor or seller on the grounds of default or against the law. The Consumer Protection Act and the Information and Electronic Transactions Act are two pieces of legislation that protect consumers' rights. The government and society at large also have significant responsibilities in terms of consumer protection, particularly in the form of oversight.
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Bagheri, Parviz, and Kamal Halili Hassan. "Data Privacy in Electronic Commerce: Analysing Legal Provisions in Iran." Journal of Politics and Law 9, no. 7 (August 30, 2016): 133. http://dx.doi.org/10.5539/jpl.v9n7p133.
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This article discusses the legal protection of data privacy in electronic commerce in Iran. Currently, there is a gap in respect of data privacy protection in Iran as there is no specific privacy legislation in force. Consequently, e-consumers dealing in internet commerce are less protected. However there are rules and regulations in the laws in Iran such as the Islamic Republic (IR) of Iran Constitution, Computer Crimes Act, Penal Code, and Civil Liability Act which relate to privacy in general, although not directly related to data privacy in e-commerce. The Electronic Commerce Law (ECL) is the main legislation in Iran which contains some provisions on personal data privacy. This article discusses the relevant provisions in the ECL pertaining to data messages and privacy and interprets its various meanings to determine whether they are in line with well established principles found in good data privacy protection measures.
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Mansour Al-ghananeem, Kulthoom. "The effect of obstructions in the e-commerce in electronic commerce applications: evidence from the Jordan business sector." Global Journal of Economics and Business 10, no. 2 (April 2021): 463–73. http://dx.doi.org/10.31559/gjeb2021.10.2.16.
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The study aimed to find out the electronic and the impact of trade obstacles in e-commerce applications in the Jordanian business sector, the concept of electronic commerce obstacles in the business sector is clarified, and these obstacles are mentioned, which are three main obstacles in this study technological obstacles, human resources obstacles, and law and legislation obstacles and to achieve this goal the study chose a component of Jordanian banks and branches society, was used questionnaire data collection tool, was distributed to the author than 100 employees in these banks sample, were retrieving 96 of them, were subjected to statistical analysis. The most important outputs of the study are a direct impact of the obstacles to e-commerce in e-commerce applications in organizations, and found the most effective human resources obstacles followed by law and legislation obstacles. Based on the results of the analysis and testing of hypotheses, show that e-commerce obstacles standards in the Jordanian business sector and of technical and technological factors, the special human resources factors, legislative and legal factors, the study recommended the need to increase the electronic awareness and culture of the Internet among the different segments of society, reduce obstacles and streamline procedures to help various community groups to get personal computers and the ability to subscribe to and use of the Internet.
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Pohorilenko, A. "LEGAL REGULATION FOR CONTRACTUAL RELATIONS IN THE FIELD OF ELECTRONIC COMMERCE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 116 (2021): 44–47. http://dx.doi.org/10.17721/1728-2195/2021/1.116-9.
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This paper examines the Law of Ukraine "On e-commerce", central legal act in the relevant field, in terms of the scope of its legal regulation, in particular on the inclusion of B2B contractual relations in its range. According to the research, in accordance with international practice, the field of e-commerce includes various types of legal relations, including the following: B2C (Business-Consumer), C2C (Consumer-Consumer), B2G (Business-Government), G2B (Government-Business) and B2B (Business-Business). At the same time, B2B relations makes up its largest segment. Nevertheless, as revealed by the analysis of the legislation, abovementioned law of Ukraine in the field of e-commerce does not take into account the needs of economy and excludes this largest segment of e-commerce from the scope of legal regulation. Moreover, analysis of the key provisions of the relevant law governing the composition of participants of e-commerce has led to the conclusion that business entities wishing to enter into an agreement in the relevant field will not be considered as e-commerce subjects at all. As a result, they are deprived of the entire scope of legal regulation provided by this law for "selected" participants of e-commerce, i.e. the provisions of the relevant law on the obligations of the seller (performer, supplier) of goods, works, services in the field of e-commerce, the obligations of the buyer in the field of e-commerce, provisions on the moment of signing of the electronic agreement etc. Hence, these provisions do not apply to the parties of the business agreement, which by all indications belongs to the field of e-commerce. All the above mentioned may have a negative impact on the development of e-commerce and B2B relations in Ukraine. According to the results of the study, it was concluded that the Law of Ukraine "On e-commerce" should be supplemented by provisions including B2B relations to the field of e-commerce.
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Alflaieh, Moh’d. "Electronic Fraud in the Context of E-Commerce under Jordanian Legislation." Al-Zaytoonah University of Jordan Journal for Legal Studies 3, no. 3 (November 30, 2022): 67–82. http://dx.doi.org/10.15849/zujjls.221130.04.
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Abstract Electronic fraud is a criminal behavior that is implemented in whole or in part by electronic means, and uses Internet components such as e-mail, chat rooms or websites, and aims to seize the money of others by fraud and deception. Accordingly, the Jordanian legislator did not criminalize electronic fraud as in the ordinary crime of fraud in the Penal Code in Article (417). However, it emphasized in Article (15) of the Electronic Crimes Law No. 27 of 2015 that any person committing any crime stipulated in Jordanian legislation by using any electronic means shall be subject to the same penalty stipulated in that legislation. Therefore, this study explains the crime of electronic fraud by clarifying its definition, characteristics, similarities and differences, and ordinary crime of fraud, then explains its pillars by clarifying its legal, material and moral pillar, and the penalties prescribed for this crime under Jordanian laws. Keywords: electronic fraud: the crime of electronic fraud, electronic commerce, the Internet
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Febriyanti, Ni Luh Kadek Dwi Fenny, I. Nyoman Putu Budiartha, and Ni Made Spasutari Ujianti. "Penegakan Hukum dalam Penyelesaian Sengketa Transaksi Electronic Commerce." Jurnal Interpretasi Hukum 1, no. 1 (August 20, 2020): 173–78. http://dx.doi.org/10.22225/juinhum.1.1.2206.173-178.
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E-commerce transaction as a trade transaction contract between sellers and buyers using the internet media provide convenience for both consumers and businesses, but these transactions also have some weaknesses that can lead to legal problems. This research discusses issues regarding the validity of the agreement related to e-commerce transactions and the law enforcement efforts in resolving e-commerce transaction disputes. This research uses a normative research method with a statute and conceptual approach. The collection of legal materials is carried out using the literature study method which is then systematically compiled and analyzed using the described method. The validity of the agreement is related to e-commerce transactions if it meets Article 1320 of the Civil Code, including the agreement of those who bound themselves, the ability to make an agreement, the existence of a certain matter, and the existence of a halal cause. Law enforcement efforts in resolving e-commerce transaction disputes are carried out preventively through legislation and repressive measures through litigation and non-litigation channels such as through arbitration, consultation, mediation, conciliation, or expert judgment. In addition, it can also be resolved through BPSK, LPKSM, and the Directorate of Consumer Protection.
9
O'Donnell, Jonathan, Margaret Jackson, Marita Shelly, and Julian Ligertwood. "Australian Case Studies in Mobile Commerce." Journal of Theoretical and Applied Electronic Commerce Research 2, no. 2 (August 1, 2007): 1–18. http://dx.doi.org/10.3390/jtaer2020010.
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Sixteen wireless case studies highlight issues relating to mobile commerce in Australia. The issues include: the need for a clear business case; difficulty of achieving critical mass and acceptance of a new service; training and technical issues, as well as staff acceptance issues; that privacy and security issues arise through the potential to track the location of people and through the amounts of personal data collected; difficulties in integrating with existing back-end systems; projects being affected by changes to legislation, or requiring changes to the law; and that while there is potential for mobile phone operators to develop new billing methods that become new models for issuing credit, they are not covered by existing credit laws. We have placed the case studies in a Fit-Viability framework and analyzed the issues according to key success criteria. While many organizations are keen to use the technology, they are struggling to find a compelling business case for adoption and that without a strong business case projects are unlikely to progress past the pilot stage.
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Hidayah, Ardiana. "KONSEP PEMBANGUNAN HUKUM E-COMMERCE." Solusi 17, no. 2 (May 1, 2019): 106–13. http://dx.doi.org/10.36546/solusi.v17i2.168.
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The development of transportation, communication and information technology further increases the pace of globalization. The use of technology has driven business growth including transaction activities by utilizing technology and telecommunications through e-commerce activities. Problem formulation related to the application of business law in e-commerce activities and the role of law and the concept of legal development in e-commerce business. Legislation in e-commerce activities has been regulated in Law Number 11 of 2008 which has been amended into Law Number 19 of 2016 concerning Information and Electronic Transactions, Law Number 7 of 2014 concerning Trade and Government Regulation Number 82 In 2012 concerning the Implementation of Electronic Transactions and Systems. In its application there are still some weaknesses, namely the existence of objects in electronic transactions cannot be perfectly perceived electronically. There are still obstacles to accountability and the level of reliability in proof of an electronic contract. Law is a tool for maintaining order in society. Law will always adjust to the conditions that occur in the middle of the community and act as a means of renewal in people's lives. Rapid development has resulted in increasingly complex problems faced by the community from traditional patterns to modernization. The development of business law in Indonesia in e-commerce activities is carried out to support the realization of sustainable economic growth, as well as creating certainty, enforcement and legal protection.
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Tsaregradskaya, Yu K. "Problems of legal regulation of taxation of electronic commerce." Courier of Kutafin Moscow State Law University (MSAL)), no. 9 (December 24, 2021): 98–104. http://dx.doi.org/10.17803/2311-5998.2021.85.9.098-104.
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One of the most pressing issues in modern tax law is the solution of the issue of taxation in the field of electronic commerce. Currently, in the world practice of national states and economic unions of taxation, a number of methods have been formed related to the development of a tax mechanism in this area.An analysis of the scientific literature, as well as domestic and international legislation, indicates that attempts are being made to legally regulate the term “electronic commerce”, as well as to determine the types of taxes applicable to it. The most common taxes in international tax practice are VAT and the tax on goods and services. The Russian Federation also uses VAT in this area in the implementation of electronic commerce.
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Leonidovna Burova, Inna, Maria Sergeyevna Lavrentieva, Renata Romanovna Lenkovskaya, Vitalij Anatolevich Malcev, and Georgij Nikolaevich Kuleshov. "Legal Regulation of E-сommerce." International Journal of Engineering & Technology 7, no. 3.15 (August 13, 2018): 222. http://dx.doi.org/10.14419/ijet.v7i3.15.18676.
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This article analyzes the current state of electronic commerce in Russian Federation and highlights good foreign practices in this area. The conceptual framework and Internet transactions are also assessed. The terminological imprecisions and adoption of foreign law definitions and principles of transactions are revealed. Amendments and additions to the Russian e-commerce legislation are proposed.
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Banasevych, I. I. "Harmonization Of Private Law In The Field Of Consumer Protection Under Remote Contracts." Actual problems of improving of current legislation of Ukraine, no. 51 (August 6, 2019): 3–14. http://dx.doi.org/10.15330/apiclu.51.3-14.
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The scientific article is devoted to the study of the state of legal regulation of consumer protection under distance contracts in Ukraine and its compliance with EU law. At the same time, the author analyzes the international legal documents, the current legislation of Ukraine and the views of other researchers of this problem. The author has identified a number of shortcomings in the legal regulation of consumer protection under distance contracts in Ukrainian legislation.
In particular, the Law of Ukraine «On E-commerce» obscures the requirements for an online store, which are actually dealt with by buyers (potential buyers). The main disadvantage is that an online store is recognized as a means of presenting or selling a product, work or service through an electronic transaction and not as a party to an e-commerce relationship with the obligation to provide relevant information. The problems of concluding and executing electronic transactions are also considered. Attention is drawn to the fact that the dispositive wording of the essential terms of electronic transaction in domestic law does not comply with the Directive 2000/31 / EC on e-commerce. This inconsistency can be remedied by imposing a mandatory information requirement to be provided by the service provider to the recipient in accordance with the Directive, rather than a dispositive list of electronic contract requirements.
Progressive and in line with EU law is the provision of the Law on e-Commerce of Ukraine, which prohibits the use and demand of personal data by parties to an electronic transaction for a purpose other than committing the transaction.
It is concluded that the creation and implementation of an effective system of consumer protection in Ukraine based on EU law is possible only through the interaction of all components of the system of consumer protection.
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Kamyshanskyi, V., and T. Hudima. "Peculiarities of legal regulation of electronic trade documents circulation." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 137–43. http://dx.doi.org/10.24144/2788-6018.2022.05.25.
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This article examines the peculiarities of legal egulation of electronic trade documents circulation in Ukraine and internationally (in particular, theUnited Kingdom of Great Britain and Northern Ireland (hereinafter – the UK)). It is assessed to what extent the national legislation on the relevant issues is suitable for the transfer of such documents by electronic means, and the aspects in which it does not meet the requirements. The authors prove the insufficiency of the norms of the national legislation regulating the circulation of trade documents (bills of lading, bills of exchange, etc.) and the basic laws that define the basic organizational and legal principles of electronic document management and the use of electronic documents (the Law of Ukraine «On Electronic Documents and Electronic Document Circulation»), organizational and legal principles of activities in the field of electronic commerce in Ukraine (the Law of Ukraine «On Electronic Commerce»), legal and organizational principles of electronic trust services (the Law of Ukraine «On Electronic Trust Services») for transition to electronic document circulation of trade documents. With this in mind, and taking into account the obligation of the G7+ countries to promote the use and recognition of electronic transferable records (model laws of the United Nations Commission on International Trade Law (UNCITRAL), in particular in developing countries, and the experience of the United Kingdom, the development and adoption of a separate law «On Electronic Trade Documents» (taking into account the norms of existing national legislation and national interests), which would contain a clear concept of trade documents and their classification is substantiated.
The feasibility of developing and recognizing uniform standards at the international level for the transfer of electronic trade documents (in particular, the introduction of new systems and their integration with internal systems by all carriers, customs authorities, etc.), which will ensure such transfer, as well as uniform terms for their implementation, is being determined. It is proved that distributed ledger technologies, in particular blockchain, have significant potential for ensuring the circulation of electronic trade documents.
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Zakri, Izura Masdina. "Internet Law: Latest Developments in Cyber Laws in Malaysia†." International Journal of Legal Information 40, no. 1-2 (2012): 257–72. http://dx.doi.org/10.1017/s0731126500006491.
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The first cyberlaws1 of Malaysia were passed in 1997 and Malaysia has been hailed as one of the first ASEAN countries to have done so. Since then, there have been various amendments to current legislation to adapt to Internet situations, and new cyberlaws have been passed, such as the Electronic Commerce Act 2006 (Act 658)2 and the Personal Data Protection Act 2010 (Act 709). This paper will give an overview of these laws relating to the Internet.
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Younas, Ammar, Aminjon Kalandarov, and Mukhammad Ali Turdialiyev. "Legal progress of e-commerce legislation in Central Asia during the COVID-19 period." Общество и инновации 2, no. 6 (January 19, 2022): 170–76. http://dx.doi.org/10.47689/2181-1415-vol2-iss6-pp170-176.
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At the peak of the 4th Industrial Revolution, the legal systems of different countries are trying to adapt the national legal and law enforcement systems of their states to new business areas and technological innovations. One of these areas is Internet business. This type of commerce was practically not regulated in legal and legal terms. The Central Asian countries are systematically trying to update their legal systems, including laws related to e-commerce. The pandemic has accelerated the adoption of laws regulating e-commerce. Since it is impossible to predict when the pandemic will end, there are opinions that we need to learn to live with it. The economic consequences are directly reflected in the banking and financial, manufacturing, services and foreign trade activities of the economies of the Central Asian countries. This article is an overview of the current progress in the field of e-commerce in Central Asia. Since several legal acts were adopted during the period of COVID-19, a generalized overview of the laws on electronic commerce in the era before COVID-19 is analyzed.
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Ayub, Zainal Amin. "The Legal Challenges of International Electronic Contracts in Iraq." International Journal of Social Science Research 5, no. 2 (September 11, 2017): 57. http://dx.doi.org/10.5296/ijssr.v5i2.11332.
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The electronic commerce activities raise an emerging legal challenges and problems based on the existing legal systems in Iraq. The traditional commercial relations make the commercial activity on the basis of offer and acceptance relies on the commitment of the seller. For example, to deliver the sales physically on one hand and the buyer has to pay the price either in cash or by using tools that are alternative to direct payment-in cash through trade securities or other means of conventional banking fulfillment. However, it is a different story in relation to electronic commerce transactions. The difference is not only in the concept of the commercial activity but also in the tools of its practice and the nature of relations arising under its umbrella. Most activities in the e-commerce activities is carried out online i.e. through the internet or information network. The use of technology is dominant, creating new challenges against the existing legal systems in Iraq. The aim of this article is to study the challenges and problems with regards to electronic contracts in Iraq. It is found that the current law governing the e-commerce in Iraq is the main obstacle for Iraqi consumer to conclude such contracts. It is interesting to note the growing importance of e-commerce contract among Iraqis in their daily life. The article suggests amendment to the current legislation governing e-commerce to facilitate the growth of online transaction in Iraq.
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Kuznetsova, N. V. "ON THE SUBJECTS OF COMMERCIAL (TRADE) LAW." Courier of Kutafin Moscow State Law University (MSAL)), no. 7 (September 16, 2020): 105–12. http://dx.doi.org/10.17803/2311-5998.2020.71.7.105-112.
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The article examines the system of subjects of commercial (trade) law, as well as the criteria for their classification. In the doctrine of commercial (commercial) law, the problem of distinguishing its subjects and their legal features has remained controversial for many years. The author pays special attention to the concept and legal characterization of such ambiguously determined trading participants as resellers and trade facilitators. The author considers the features of the legal status of participants in trade relations, which allow them to be attributed to a certain category of subjects of commercial law.The article also examines the problems of changing the subject composition of trade relations in the context of the development of digital technologies and electronic commerce. In this regard, the norms of legislation and the positions of lawyers are analyzed with respect to new categories of participants in trade relations, the activity of which has become widespread in the process of developing Internet commerce — aggregators, as well as subjects of the information infrastructure of trade — the so-called information intermediaries and other persons providing commercial services in the global network.
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Al-Dalalah, Samir. "The Legal Procedures for Authenticating Electronic Commerce Contracts in the Light of the Jordanian Electronic Transaction Law: A Comparative Study." Business Law Review 32, Issue 7 (July 1, 2011): 179–85. http://dx.doi.org/10.54648/bula2011046.
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E-commerce contracts have recently become one of the means in terms of following the new developments in the commercial acts through the electronic means. This led to the necessity to look at the legal means that could achieve practising such commercial acts without any obstacles. Consequently, many different countries have taken into consideration this issue and passed legislation for organizing transactions in the digital environment. Since the documentation in e-contracts in the internet environment is not less important than the documentation in the traditional environment, the core aim of this article is to examine the legal solutions that have been used within comparative legislations, including Jordanian law, in order to assess the legislative efforts that protect such transactions.
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Coryka, Putu Widhiatmika, I. Nyoman Putu Budiartha, and Ni Made Puspasutari Ujianti. "Perlindungan Hukum Bagi Pemilik Kartu Elektronik dalam Transaksi E-Commerce." Jurnal Interpretasi Hukum 2, no. 3 (November 30, 2021): 641–45. http://dx.doi.org/10.22225/juinhum.2.3.4164.641-645.
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An electronic contract is a contract made by the parties through electronic media, each party when negotiating does not need to have a face-to-face meeting but uses electronic media such as email. Currently, electronic contracts have received legitimacy and protection by Law Number 11 of 2008 concerning Electronic Information and Transactions. This study aims to examine the validity of the same as written contracts on credit card ownership agreements and to reveal legal protection for credit card owners in conducting E-commerce transactions. This research was conducted using normative legal research. The sources of legal materials are primary legal materials, which are sourced from legislation and secondary sources of legal materials are taken from relevant literatures with the issues studied. After the research data has been collected, it is then processed and analyzed in a descriptive qualitative way. The results of the study indicate that the legal protection provided by Article 26 of Law Number 8 of 1999 provides protection for consumers by requiring business actors who trade services to fulfill agreed guarantees and or guarantees. An electronic contract is valid evidence if it is presented as evidence at the court table based on article 5 of Law Number 11 of 2008 concerning Electronic Information and Transactions.
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Mahasneh, Nisreen. "Electronic Transferable Records: A Gap in Qatari Law That Urgently Needs Filling." Uniform Law Review 26, no. 3 (August 1, 2021): 532–53. http://dx.doi.org/10.1093/ulr/unab024.
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Abstract Qatar has sought to encourage the development of international trade and investment through advancements in its law. In light of the growing importance of electronic operations, it has adopted the United Nations Commission on International Trade Law’s (UNCITRAL) model laws on electronic commerce and electronic signatures. However, they alone are insufficient to respond fully to the present-day needs of international trade. An area in which Qatari law is still wanting is the electronic transfer of records that originated on paper. This article assesses the extent to which current Qatari legislation relating to the assignment of rights, bills of lading, and commercial papers is suited to the transfer of such records by electronic means and identifies aspects on which it falls short. To fill this gap, Qatar should adopt the 2017 UNCITRAL Model Law on Electronic Transferable Records and ensure that it is applied as widely as possible, internally, internationally, and in civil and commercial dealings.
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Volkova, Alina, Galyna Boldar, Oksana Ryshchenko, and Iana Proskurova. "Research of approaches to formation of legislation in the sphere of online retail selling (distance selling) of medicines." ScienceRise: Pharmaceutical Science, no. 5(33) (October 29, 2021): 64–70. http://dx.doi.org/10.15587/2519-4852.2021.201074.
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The aim of the study is to study approaches to the formation of legislation in the field of the online retail selling (distance selling) of medicines in the EU with further development of areas for improvement of phar-maceutical legislation of Ukraine. Materials and methods. During the research, scientific methods were used, in particular, system-analytical, content analysis, comparative legal, graphic, etc. Results. The main provisions of the EU Directives 2000/31/EU “On some legal aspects of information services, in particular, electronic commerce, in the internal market” (Directive on electronic commerce) and EU Directive 2001/83 EU “On the Community code relating to medicinal products for human use”, the Council of Europe Convention “On counterfeiting medical products and similar involving threats to public health”, Implementing Regulation of the EU Commission No. 699/2014 of June 24, 2014, as well as the Law of Ukraine “On Electronic Commerce”, “On medicines”, Resolution of the Cabinet of Ministers of Ukraine (CMU) of March 23, 2020 No. 220, of November 30, 2016 No. 929 and others. Conclusions. The main directions of improving the current legislation of Ukraine in the field of the online retail selling of medicines are proposed. The necessity to supplement the Regulation “On the State Service of Ukraine for Medicines and Drug Control” (Resolution of the Cabinet of Ministers of Ukraine of November 30, 2016 No. 929) with certain norms has been substantiated. In particular, to impose on this state body the obligation to register business entities that plan to sell drugs using information and communication means, as well as maintain their Register
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Dyakonova, Maria O., and Sergey A. Sinitsyn. "DEVELOPMENT OF ELECTRONIC TRADE AND BASIC AREAS OF MODERNIZATION OF THE CIVIL AND PROCEDURAL LAW." Public international and private international law 6 (October 29, 2020): 9–13. http://dx.doi.org/10.18572/1812-3910-2020-6-9-13.
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The research goal of this article is to reveal and substantiate the main trends in the development of civil and procedural legislation in the context of the development of E-commerce, to analyze the dynamics of the development of institutions of modern civil law and procedure in a digital society. The study shows the dynamics of development of legal regulation in the conditions of transformation of economic relations, growth and intensification of digital technology, identified and revealed the development of civil law in the context of digitization technologies and markets. In future, it is expected that the scope of online dispute resolution procedures will be expanded; but even in such case, the guarantee of unhindered access to justice implies active judicial control.
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Anugerah, Fiqqih, and Hari Sutra Disemadi. "Kajian Pembaharuan Hukum Dalam Asuransi E-Commerce." Legal Spirit 6, no. 2 (December 1, 2022): 177. http://dx.doi.org/10.31328/ls.v6i2.3853.
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Insurance in the electronic trading business has been regulated by law in Indonesia, but there are technical obstacles related to electronic trade insurance in the Indonesian legal system in its application. When insurance is used in business through e-commerce, there is legal protection for the insurer regarding the obligation to notify the policyholder about the subject of insurance, and legal protection for the policyholder regarding the purpose of the policy, namely the transfer of risk to compensation for the damage caused by the event, as well as the risk against risks that threaten insurance coverage. Therefore, this study aims to disseminate knowledge about how insurance arrangements for e-commerce businesses are from a legal point of view in Indonesia and what are the reasons for e-commerce insurance to be specifically regulated by Indonesian law. This study uses a normative legal research method through library research tracing guidelines such as laws, articles, or journals related to the themes and titles to be studied which will be used as the basis or foundation for the preparation of this article. The results of this study indicate that insurance agreements can be used to mitigate risks that may arise from the intrusion of third parties into the e-commerce protection system, as long as the agreement does not violate the insurance principles as regulated in Indonesian legislation.
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Rinjani, Andini Gita, and Ahmed Badaruddin Muhammad Sabri. "Online Shopping Protection in Indonesia: A Social & Legal Discourse." Indonesia Media Law Review 1, no. 1 (January 31, 2022): 23–40. http://dx.doi.org/10.15294/imrev.v1i1.56674.
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In this modern era, Electronic Commerce or business transactions today's generation called it the online shopping loved everybody in terms of its use, because it is very effective and can efficiently time so that one can conduct transactions wherever and whenever. It turns out it is very bersiko. Internet is an open network that can trigger the occurrence of data manipulation factors which would harm the party. Finally, emerging form of software security solutions, which did not give full guarantee to be free from loss, it certainly can reduce public confidence. Based on the relevant legislation, namely Law No. 40 of 20014 any emerging risks and capable of causing the loss can be the object of insurance. This means that all forms of transactions in e-commerce should be insured in order to ensure certainty and security in the transaction. The rules regarding insurance with respect to electronic commerce should be regulated specifically in a chapter in the Law No. 40 of 2014 on insurance, so as to provide clear regulation about insurance sehubungannya with e-commerce. Through normative legal research methods are expected to be able to prove how a clear legal basis to the problem in question, especially in the perspective to businesses as well as the Insurance Act itself.
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Okechukwu Ukwueze, Festus, and Justin Ibegbulem. "DECONSTRUCTING NIGERIA’S DATA PROTECTION REGIME FROM CONSUMER PROTECTION PERSPECTIVE." Law, State and Telecommunications Review 13, no. 1 (May 26, 2021): 94–118. http://dx.doi.org/10.26512/lstr.v13i1.31850.
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Purpose – The purpose of this paper is to make a case for the recognition of privacy and personal data protection as species of consumer rights in Nigeria in line with the revised United Nations Guidelines for Consumer Protection (UNGCP) by amending existing laws or enacting a new law to provide for personal data protection regime for consumers. Methodology/Approach/Design – The study follows a structured review of relevant extant legislation on consumer protection and personal data protection, namely the Federal Competition and Consumer Protection Act 2018 (FCCPA) and the Nigeria Data Protection Regulation 2019 (NDPR). Findings – The paper identifies that the provisions of Nigeria’s foremost consumer protection legislation, FCCPA, does cover electronic commerce (e-commerce) or consumer privacy and personal data protection while the NDPR, subsidiary legislation on personal data protection, which is yet to be effectively implemented is too general as to provide the consumers the much-needed privacy protection in their dealings with businesses. Practical Implications–Given the importance Recognition of data privacy and personal data protection as a species of consumer rights helps in understanding consumer protection in online transactions and opens opportunities for future research on consumer privacy and data protection. Originality/Value – Given the importance attached to the protection of consumer privacy and the various ramifications of transactions involving exposure of consumers’ personal data, recognition of privacy consumers’ rights to privacy is vital in consolidating knowledge of consumer rights and identifying paths for future research.
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Anagnostopoulou, Despina. "Electronic Contracts and E-Mediation in EU Law: Time for the EU to Extend E-Mediation for the Benefit of SMEs in B2B Transactions?" European Business Law Review 29, Issue 6 (December 1, 2018): 975–96. http://dx.doi.org/10.54648/eulr2018038.
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The article focuses on mediation and e-mediation in electronic contracts with the aim to explore the possibilities of SMEs to use e-mediation for low value electronic contracts in B2B cross-border transactions. It first analyzes soft law instruments at the international level pointing out at the work of UNCITRAL, and the work of International Chamber of Commerce (ICC) ADR Center. It then presents the successful EU legislation on mediation in civil and commercial disputes (Directive 2008/52/EC) and e-mediation in consumer disputes (Directive 2013/11/EU on ADR for Consumer Disputes and Regulation (EU) 524/2013 on online dispute resolution for consumer disputes). The position taken in the article is that the ODR platform should be extended to SMEs in electronic contracts in B2B relations. Indeed, the recent Commission proposal of April 26, 2018 on an EU Regulation on providers of electronic intermediary services (platform operators), which will establish fair and transparent general contract terms, demonstrates the need for mediation in B2B contracts. This need is also reflected in the recent initiatives of UNCITRAL for mediation in e-commerce that will be discussed in October 2018. The article ends with arguments that since the EU has adopted the general legislative framework as early as 2008 and has established the ODR platform, the EU has to extend e-mediation as a cost-effective and expeditious method for dispute settlement of electronic contracts for the benefit of SMEs in order to achieve the Digital Single Market.
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Saifudin, Bandaharo. "Perlindungan Hukum Kepada Konsumen dalam Perdagangan Transaksi Elektronik Berbasis Online." DOKTRINA: JOURNAL OF LAW 2, no. 2 (October 31, 2019): 135. http://dx.doi.org/10.31289/doktrina.v2i2.2616.
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<p><em>This paper discusses the legal protection to consumers in electronic commerce studies according to statutory provisions. The purpose of this research is to protect the law of consumers who carry out trade transactions through online electronics and the implementation of electronic commerce on the sale and purchase site of Kaskus and how to sell to avoid fraud. This research method is a normative juridical that leads to empirical research that is research conducted using material sourced from secondary data, including language from applicable legislation, books, court decisions, relevant legal theories, and opinions of bachelor. The results and discussion regarding legal protection to consumers in online-based electronic commerce (e-commerce) for conducting transactions as regulated in Article 4 letters c and h of the UUPK are absent. The right of consumers to obtain true and honest information about the conditions and guarantees of goods are not fulfilled. Fulfillment of consumer rights to obtain compensation and compensation if the goods received are not in accordance with what was promised, to get compensation by asking consumers to send the goods back to the seller and then the obligations of the business actor in this provision the seller as legally stated the seller must be responsible for returning the purchase price and reimbursing costs or losses to consumers.</em></p>
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Kosychenko, Oleksandr, and Illia Klinytskyi. "Features of the implementation of a public offer agreement in e-commerce in Ukrainian, Polish and Russian law." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 5, no. 5 (December 30, 2020): 133–38. http://dx.doi.org/10.31733/2078-3566-2020-5-133-138.
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Given the specifics of the provision of services and sales of goods on the Internet, the contract of public offer is the most common and close to the electronic format of the agreement. However, in Ukraine, the Russian Federation and the Republic of Poland, as in other countries, the use of this type of legal instruments has a number of problems related to the legal regulation and the procedure for concluding an agreement. This paper examines the main aspects of the legal implementation of public offer agreements in the above countries. Thus, the subject of the study is the contract of public offering as a legal phenomenon. The purpose of the work is to determine the main problems of concluding a public offer contract in electronic mode, and to find optimal solutions in the context of the stated issues, based on the legislation and practice of selected countries
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Alhashemi, Azab Alaziz. "Contemporary Vision of International Rules on Electronic Arbitration in Dispute Resolution." Journal of Law and Legal Reform 2, no. 2 (January 4, 2021): 271–94. http://dx.doi.org/10.15294/jllr.v2i1.40239.
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Electronic arbitration and the resulting electronic decisions are among the most important modern means of resolving disputes between the parties to the contractual relationship. Since the electronic arbitration decision rendered by the arbitrator or arbitration body is made electronically (either in writing or by signature), it requires the availability of the legal rules for its regulation. However, majority of the rules are in the legislation of the various countries of the world. It is obliged to lose party in this decision to implement judicial commitment or by alternative means dealt by the traditional legal systems. These aspects highlighted the need of focusing on the effectiveness of the electronic arbitration decision that is the subject of present study. The study focuses on global and intangible nature of electronic commerce, where there is no specific place. A special law is required to ensure the legal security sought by entrepreneurs.
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Van Eecke, Patrick. "Online service providers and liability: A plea for a balanced approach." Common Market Law Review 48, Issue 5 (October 1, 2011): 1455–502. http://dx.doi.org/10.54648/cola2011058.
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Internet access providers, online platforms and other intermediaries benefit from a protection against liability claims caused by end-users' illegal or harmful information. This liability limitation is enshrined in the 2000 Directive on Electronic Commerce, a directive considered crucial for a proper functioning of the internal market, the uptake of the information society and the protection of freedom of speech. Throughout the years, the liability protection for online intermediaries seems, however, to have been gradually carved out by case law, particularly on the Member State level. In recent cases, such as C- 236/08, Google France, and C-324/09, L'Oréal, the European Court of Justice has also interpreted relevant EU legislation. Online intermediaries are increasingly forced to monitor the activities of their users if they want to remain shielded from liability. Paradoxically, obliging online intermediaries to monitor the information transmitted or stored by users is forbidden by the same Directive on Electronic Commerce. This article proposes a balanced approach in which the intermediary protection regime can be safeguarded, whilst still protecting the rights of third parties whose rights may be infringed on the internet.
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Sopamena, Ronald Fadly. "Validity of Agreements in the Digital era: Study of Electronic Contracts, Cryptocurrencies and Non-Fungible Tokens." SASI 28, no. 3 (October 13, 2022): 336. http://dx.doi.org/10.47268/sasi.v28i3.834.
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Introduction: E-commerce transactions that develop, of course, bring changes to agreements that have been carried out conventionally, the digital era has finally brought about a new world called the metaverse with a number of assets in the form of objects such as Non-Fungible Tokens (NFT) and Crypto Currency that only exist in cyberspace.Purposes of the Research: The purpose of this research is to examine how the validity of agreements in the digital era, especially regarding electronic contracts and the purchase of Crypto Currency and NFT from Indonesian law persperctive.Methods of the Research: This research is descriptive analytical with a normative juridical type using primary, secondary and tertiary data from literature studies, both legislation and legal literature and other documents.Results of the Research: Both electronic contracts and electronic signatures used in e-commerce already have a legal basis so that their use is not something that is prohibited. Talking about the validity of an agreement will not be separated from Article 1320 of the Civil Code which requires 4 points that must be fulfilled in order for an agreement to be valid in the eyes of the law. This also applies to buying and selling crypto and NFT. Crypto is actually a currency, not recognized by the state. However, crypto can be traded and recognized as a trading commodity. NFT does not yet have special regulations, but the legal requirements for buying and selling NFT are still met even if the transaction uses crypto.
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Haanappel, Peter P. C. "Air Passenger Rights in the Electronic Age." Air and Space Law 43, Issue 1 (February 1, 2018): 3–20. http://dx.doi.org/10.54648/aila2018002.
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For many decades, the private law rights of passengers against their air carriers were covered by the 1929 Warsaw Convention and its various amendments, supplemented by the International Air Transport Association (IATA) Conditions of Contract and Carriage of the airlines. Air carriers and their (travel) agents administered this worldwide system through their distribution of the air travel product. Over the years, the distribution system has changed considerably: computerized reservation systems were introduced; more and more did passengers or third parties on their behalf begin to contract directly with the airline of their choice, bypassing the agent, and more and more did they do so online, electronically, from their home or office computers. Meanwhile, the Warsaw Convention was replaced by the 1999 Montreal Convention. Also, following deregulation and liberalization of the airline industry, and a concomitant decrease in the regulatory influence of IATA, consumerism entered the air travel world prompting governments and the European Union to adopt special legislation or regulation on matters such as denied boarding, flight cancellations and delays. This new form of air passenger protection has been backed up and broadened by the courts, particularly in Europe. It has been opposed by the airlines, particularly the low cost carriers. The situation today seems to have become wasteful with too much uncertainty, too many claims, and too high transaction costs for all parties involved. Lastly, electronic and digital techniques have deeply penetrated the domain of the conclusion of the contract of carriage by air. Electronically concluded contracts have now become the most common form of contracting for the non-professional traveller, that is the individual air transport user, the consumer, who contracts directly with his or her airline, using electronic and digital means to do so. These are three distinct, but interrelated issues: the contractual distribution of the air travel product; the impact of consumer law; and electronic contracting (e-commerce). Each issue will be addressed in a separate part of the article. It seems that the time has come to try to forge a new contractual deal between airlines and their passengers: global, transparent and cost efficient. This article attempts to make a contribution to this beginning debate.
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Bushev, A. Iu, and O. Iu Skvortsov. "The Theoretical Underpinnings of Commercial Law: A Russian View of Bankruptcy and Securities." Review of Central and East European Law 30, no. 2-4 (2005): 183–84. http://dx.doi.org/10.1163/1573035054733040.
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AbstractPart One. The history of bankruptcy in Russian law both before and after the 1917 Revolution is the tool used to introduce the reader to this article. During the Soviet period, creditors of enterprises never participated in proceedings for their liquidation. This state of affairs began to change in 1992 with the adoption of the first bankruptcy legislation in the post-Soviet period.However, as reality soon showed to most observers, this was not a successful piece of legislation—at least as regards the needs of liberalized trade and commerce. This prompted the Russian legislator to promulgate new bankruptcy legislation in 1998; in turn, its life span was but a short four years. The reader here will be offered critical comments on the most recent RF Bankruptcy Law dating from 2002 and thoughts on how its provisions compare with those from prior versions of RF laws on insolvency. This will include views on bankruptcy practice in Russian courts the case load of which is growing each year.Part of the growth in application of bankruptcy legislation in Russia is a function of its use by entrepreneurs as a tool to divide up business assets. This has led to the phenomenon of fictitious bankruptcies. Another major problem in the application of bankruptcy legislation in recent years in Russia has been—the authors argue—a failure to take into account the interests of minority shareholders in corporate bankruptcies as well as of those corporate creditors who obligations are secured by collateral.Part Two. Transactions that are declared invalid during bankruptcy proceedings are the subject of this section. This analysis will be made using the approach of classic, continental law to the grounds for declaring a transaction to be invalid. The authors then highlight the logic in applying this institution to the area of bankruptcy. In doing so, the specific features are revealed of voiding transaction in bankruptcy proceedings.In particular, the authors draw the attention of the reader to the criteria under which a transaction concluded by an insolvent debtor is either void (nichtozhnaia) or voidable (osporimaia). They also underscore the necessity of striking a balance between the interests of creditors and those of an insolvent debtor. In this regard, the institute of the invalidity of transactions is examined from the point of view of providing a pro-creditor, pro-debtor, or neutral system in bankruptcy legislation.Part Three. The development of the generic institute of securities in Russia—as a form of debt instrument—is the focal point of this section. The influence of the Pandect system of Russian law on securities is illustrated as is that of politics (that has led to substantial changes in commerce and entrepreneurial activity) and doctrine. The authors argue the point that the characteristics of a security—both those seen on a paper document as well as those in an electronic form—can be united into a single, generic concept. The particularities of this concept are of an evidentiary nature.Each security is an evidentiary document that is distinguished (both in paper as well as electronic form) from other documents in the manner in which it can be contested and entered into evidence in judicial proceedings. The contestability of a security depends, in turn, upon the type of security involved and the rights that they confirm (a good, money, income).Arguments are given by the authors of this article in support of the thesis—not uniformly shared by all Russian scholars—that such means of legal defense as vindication is permissible vis-à-vis electronic securities. Yet the authors here also speak of a just (spravedlivyi) balance of the risks between the holder of a security that has lost the legal control (ownership) there over and a bona fide acquirer of such a security. Justice is reached through a determination in substantive law of procedural norms that apportion in a set fashion the burden of proof among interested persons.Lastly, this work also highlights the work of regulating the institute of securities in other CIS jurisdictions. In doing so, the authors point out a few areas in which Russia is lagging behind as concerns the organization of electronic trading in securities.
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Melone, Matthew. "Pub. L. No. 86-272 and the Anti-Commandeering Doctrine: Is This Anachronism Constitutionally Vulnerable After Murphy v. NCAA?" Michigan Business & Entrepreneurial Law Review, no. 9.2 (2020): 201. http://dx.doi.org/10.36639/mbelr.9.2.pub.
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State taxing authority suffers from little of the structural impediments that the Constitution imposes on the federal government’s taxing power but the states’ power to tax is subject to the restrictions imposed on the exercise of any state action by the Constitution. The most significant obstacles to the states’ assertion of their taxing authority have been the Due Process Clause and the Commerce Clause. The Due Process Clause concerns itself with fairness while the Commerce Clause concerns itself with a functioning national economy. Although the two restrictions have different objectives, for quite some time both restrictions shared one attribute—a taxpayer physical presence test. Business practices evolved in response to technological developments and the ability of enterprises to avail themselves of a forum state’s markets with little or no traditional physical presence in the state resulted in the elimination of the physical presence test for Due Process purposes almost thirty years ago. The subsequent exponential growth of electronic commerce finally led to the demise of the physical presence test for Commerce Clause purposes as a result of the Court’s recent decision in South Dakota v. Wayfair. However, a six decades old statute remains an impediment to the states’ ability to exercise income tax jurisdiction over the income earned by remote sellers of tangible personal property. In a case unrelated to state taxing authority during the same term, the Court in Murphy v. National Collegiate Athletic Association struck down a federal law that prohibited states from authorizing sports gambling. According to the Court, the federal law impermissibly commandeered state legislatures. A critical holding in that case was that a federal law that prohibits state action is subject to the anti-commandeering doctrine similar to federal laws that mandate state action. The federal statute that limits the states’ ability to tax is very similar to the gambling statute that the Court struck down—it prohibits states from enacting otherwise permissible legislation without establishing a corresponding federal regulatory regime. In short, the statute commandeers the states similarly to the gambling statute. As a result, the statute is an impermissible encroachment of state sovereignty. Part I of this Article discusses the Due Process and Commerce Clause limitations on states’ taxing powers and the eventual demise of the physical presence test as a result of Court’s holdings in Quill Corp. v. North Dakota and, more recently, South Dakota v. Wayfair. This part also discusses Pub. L. No. 86-272, the longstanding prohibition imposed on states with regard to the taxation of income derived by remote sellers of tangible personal property. Part II discusses the anti-commandeering doctrine. This doctrine has surfaced as a significant bulwark for federalism over the past three decades and led to the demise of the federal sports gambling legislation as a result of the Court’s recent decision in Murphy. This part concludes with an analysis of the case and its potential application to the tax statute.
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Frolova, Evgenia E. "LEGAL REGULATION OF INTERNET BANKING IN INDIA." RUDN Journal of Law 23, no. 3 (December 15, 2019): 351–74. http://dx.doi.org/10.22363/2313-2337-2019-23-3-351-374.
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The features of the legal regulation of Internet banking in India are investigated. Internet banking is gradually replacing the use of cash, checks, and, most importantly, customers who personally come to bank offices: according to statistics, the total amount of transactions in the digital payments segment of India in 2019 will be $ 64.775 billion. USA. Electronic banking is a generic term for the provision of banking services and products via electronic channels, such as telephone, Internet, mobile phone, etc. The main regulatory act regulating Internet banking in India is the Information Technologies Act 2000, which provides for legal recognition of electronic transactions and other means of electronic commerce. In addition to the new law, the norms of traditional banking legislation also apply to Internet banking. The main financial regulator of India the Reserve Bank - also provides direct management of Internet banking: it developed guidelines for Internet banking in India in 2001; as well as the Mobile Banking Guide, which was transformed into the Mobile Banking Master Circular51 in 2016. The rights of consumers of Internet banking services are protected on the basis of the Consumer Protection Act 198652, which defines the rights of consumers in India and also applies to banking services. India’s law is based on case law, and in this regard, a number of new case law on disputes between banks and their customers in the field of Internet banking has been studied. However, in the legislation, the article notes, there are a number of gaps related primarily to ensuring the safety of online banking. Information security in electronic banking represents two main areas of risk: preventing unauthorized transactions and maintaining the integrity of customer transactions. When writing the article, general scientific methods of cognition were used: dialectical, hypothetical-deductive method, generalization, induction and deduction, analysis and synthesis, empirical description; private scientific methods were also used: legal, dogmatic, statistical, comparative legal analysis, and others.
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van Eecke, Patrick, and Maarten Truyens. "L’Oréal v. eBay: Is the Tide Finally Turning for Hosting Providers?" Computer Law Review International 12, no. 1 (January 2011): 1–8. http://dx.doi.org/10.9785/ovs-cri-2011-1.
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AbstractOn 9 December 2010, Advocate General Niilo Jääskinen delivered his opinion in the L’Or´eal v. eBay case (C- 324/09), in which he analyses the position of online intermediaries - in particular electronic marketplaces such as eBay - under the EU trade mark legislation (directive 89/104 of 21 December 1988 to approximate the laws of the member states relating to trade marks, and Council Regulation 40/94 of 20 December 1993 on the Community trade mark), the eCommerce Directive (directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market) and the Enforcement Directive (directive 2004/48/EC of 29 April 2004 on the enforcement of intellectual property rights). In light of the diverging case law across the EU, it can be hoped that this opinion paves the way for a correct and balanced application of EU law in the context of online intermediary services.While theAdvocateGeneral takes into account the practical implications of the legal obligations imposed on online intermediaries, in view of the technical and commercial reality his opinion unfortunately opens the door for a general monitoring obligation for online service providers.
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Shmatkov, Daniil, and Alicia Cabrera. "Notice-and-takedown procedures in Ukraine, Spain, China, and the US." Law and innovative society, no. 1 (18) (June 30, 2022): 22–33. http://dx.doi.org/10.37772/2309-9275-2022-1(18)-2.
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The purpose of the presented study is to consider the notice-and-takedown procedures presented in the legislation of Spain, China and the USA in the projection of the discussion of their application in Ukrainian realities. To achieve the objective of this study, we have analysed the following documents (as of June 2022): the Law of Ukraine “On Copyright and Related Rights” (Ukraine); the Royal Decree No. 1889/2011, of December 30, 2011, on the Operation of the Intellectual Property Commission (as Amended up to Royal Decree No. 1023/2015 of November 13, 2015) (Spain); the E-Commerce Law of the People’s Republic of China (Adopted at the Fifth Session of the Standing Committee of the 13th National People’s Congress on August 31, 2018) (China); the Regulations on the Protection of Right of Dissemination via Information Network (2013) (China); the Digital Millennium Copyright Act (the USA). The analysis shows that many debatable issues of the procedures are still unresolved, although, for example, China has made a significant step, perhaps too abrupt, but allowing others to learn the practices of the country; Spain has chosen its own path, as prescribed, for example, by the EU Directive on electronic commerce, in many respects positive and revealing, but in some aspects unfinished; the USA got the privilege of being criticized like anyone who has given birth to a new important approach, but at the same time the decision has become truly breakthrough as evidenced by the scale of the procedures implementation beyond US borders; Ukraine is in the infancy of implementing the procedures, but the experience of other countries is definitely useful and applicable in the country to fight unfair competition and support small and medium-sized businesses in difficult economic times.
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Markova, Elena. "Offences committed using electronic means of payment by the country of the Saxon legal family (in the United Kingdom and the United States of America)." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 1 (April 8, 2020): 99–105. http://dx.doi.org/10.35750/2071-8284-2020-1-99-105.
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The article analyses the legal characteristics of the criminal laws of foreign States belonging to the Anglo-Saxon legal family (in the case of Great Britain and the United States of America) with regard to criminal liability for crimes committed by electronic means of payment. The peculiarities of this legal family are noted, which affect the position of the legislator with regard to the regulation of cybercrime, including the legal nature of criminal law; The importance of resolutions of the Royal (Westminster) Courts, the Supreme Court on the constitutionality or unconstitutional nature of ordinary («current») laws (USA), in Canada, Australia and other English-speaking States, in which acts of the highest courts on identical subjects have acquired special importance. Problems affecting criminal legislation have been identified: the de facto absence of systematic rules on the limits of the criminal law; There are contradictions between the written sources of criminal law (in particular with regard to fraud and computer crimes; Recognition of the interpretation of the law by sources of criminal law, etc.). It is noted that there is no Criminal Code in the UK, however, issues of criminal liability for computer crimes are regulated at the level of written law: in the Law on Computer Crimes the adoption of which was facilitated by the judicial precedent of 1988 (R v Gold & Schifreen), in the Law on Fraud of 2006, which classifies the elements of crimes committed in the form of fraudulent fraud. The peculiarities of the criminal law of the United States, which like Great Britain, does not have a codified system of criminal law at the federal level, are noted. An analysis of the two-tier legal system of the United States, the peculiarities of criminal liability for cybercrime in certain states, including FOR theft and fraud by the use of payment cards, has been carried out.
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Plavych, I. V. "Problems of legal regulation of the form of the loan agreement in the civil legislation of Ukraine." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 306–11. http://dx.doi.org/10.33663/2524-017x-2021-12-51.
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In the article the author investigates the legal regulation of the form of the loan agreement as a transaction and a document. In examining the written form of the loan agreement, the author argues that the written form of the agreement should be understood as a contract whose content is information expressed in letters, signs, numbers, hieroglyphs, or any signs and symbols that can be applied by chemical compounds or mechanically , the value of which is known to persons who use it, which does not depend on the specific type of media, is guaranteed to ensure the integrity of the content of the contract, and allow to identify its parties. In the article the author proves the imperfection of the norms of Article 1047 of the Civil Code of Ukraine. According to the author, not only the effect of Article 1047 of the Civil Code of Ukraine on the form of the loan agreement applies to the loan agreement as a transaction, but also the effect of Articles 206 and 208 of the Civil Code of Ukraine on the written form of the transaction. In order to save legislative material and eliminate inconsistencies between the provisions of Articles 208 and 1047 of the Civil Code of Ukraine, the author proposes amendments to remove from Article 1047 of the Civil Code of Ukraine special rules on the written form of this agreement, which are different from Article 208 of the Civil Code. In turn, due to the imperfection of Article 208 of the Civil Code of Ukraine, in terms of the amount of the contract, which requires a written form, the author proposes to replace the reference in this article of the Code to the tax-free minimum income for another indicator that changes more frequently, and more responsive to existing in the country inflation or by fixing in law a specific amount, which the legislator may periodically change if necessary. The author also considers the state of legal regulation in Ukraine of the procedure for concluding a contract by electronic means of communication. Given their imperfection, the author considers it appropriate to group the basic rules on the procedure for concluding such transactions in Chapter 16, Section IV of the Civil Code of Ukraine. The author also considers it inexpedient to have in part twelve of Article 11 of the Law of Ukraine «On Electronic Commerce» norms that equate an electronic agreement concluded by exchanging electronic messages to an agreement concluded in writing. Keywords: contract, transaction, document, contract form, transaction form, document form.
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Bahfen, Nasya, and Alexandra Wake. "Tweeting, friending, reporting: Social media use among journalism academics, students and graduates in the Asia-Pacific." Pacific Journalism Review 21, no. 2 (October 31, 2015): 173. http://dx.doi.org/10.24135/pjr.v21i2.127.
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This reflective article describes and analyses the use of Facebook and Twitter over a five-year timeframe by two journalism academics in Australia, whose industry and research expertise are in the Asia-Pacific. The use of social media has made possible for journalism educators an active electronic space in which to conduct discourse on development, publication, networking and career opportunities with students and alumni. This discourse and the educators, students or alumni who engage in it reflect the nature of the global media industry as inherently network-based (in contrast to employment approaches found in other industries such as graduate programmes in commerce, law or engineering). Because it operates using electronic communication, such discourse also reflects the industry which journalism graduates seek to enter as not being geographically confined to one city or state within Australia—instead, reflecting a rapid rate of movement between cities and states, or between countries, or between urban and rural locations. Using active participant observation, the researchers argue that social media can be used to develop and retain links with their students and alumni, by making use of the social connectedness that is coming to characterise communication. The researchers were early adopters of Facebook and Twitter communication with students. The article argues that social media has been beneficial in the conduct of these activities while exploring the use of social networking in relation to the politics of ‘friending’ or ‘following’ and ‘being followed’ by students.
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Mammadli, Zaur. "The Features of Consumer Rights Violations in Online Trading." Legal Concept, no. 3 (October 2021): 149–54. http://dx.doi.org/10.15688/lc.jvolsu.2021.3.22.
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Introduction: the development of the Internet and e-commerce has largely changed the habits, behaviors, and preferences of consumers. This dynamic and efficient means of providing goods has been able to overcome many of the obstacles inherent in offline trading. This became especially relevant in 2020 and does not lose its relevance at the present time in the situation of the lockdown precedent on a global scale. It is possible to increase the protection of business entities and, first of all, consumers, if there is an effective system of the legal regulation of the sphere under consideration. There is a need for legally established guarantees, an appropriate level of legal regulation, effective measures, methods and means implemented within the framework of monitoring the compliance with the norms of the current legislation. To protect the rights of consumers, respect their legitimate interests, and create a civilized competitive environment, the state must fully establish legal means to ensure the rule of law in the field of online commerce without restricting the freedoms of entrepreneurs. The purpose of the paper is to review the current state of the violations of the rights of participants in economic relations that occur when making online purchases. Methods: in the process of writing the paper, general scientific methods (qualitative and logical analysis, synthesis, induction, deduction, comparison, system approach, retrospective analysis, morphological analysis), and a special method (scenario analysis) were used. Results: the main aspects related to the legal regulation of electronic commercial activity regarding the protection of buyers are considered. It is indicated that when buying through e-commerce, various violations of consumer rights often occur. This is expressed, in many cases, in the discrepancy between the actual condition of the goods provided to the buyer with the information contained on the seller’s website, in the delivery of goods with obvious defects, non-compliance with the requirements of GOST. Conclusions: the protection of the rights of online buyers includes two main aspects. First, it concerns the protection of consumer rights regarding the improper quality of the delivered goods, the specifics of the purchase return, and the funds spent. Secondly, what the world community pays considerable attention to is the legal regulation and protection of consumer data privacy. It is noted that domestic researchers place more emphasis on the first aspect of the problem. It is indicated that the improvement of the legal regulation of e-commerce should be carried out following the global trends in the development of international law in this area.
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Anggriawan, Teddy Prima, Anajeng Esri Edhi Mahanani, Retno Mumpuni, and Alvian Dwiangga Wijaya. "UTILIZATION OF INFORMATION TECHNOLOGY AS A LEGAL EDUCATION MEDIA CONSUMER PROTECTION." UNTAG Law Review 5, no. 2 (November 23, 2021): 1. http://dx.doi.org/10.56444/ulrev.v5i2.2598.
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<span class="fontstyle0">Globalization is currently running in cyberspace, connecting all digital communities. All aspects of human life are influenced by internet information technology, in this case the economic conditions provide very significant changes. Online stores or what we often call e-commerce is a form of change brought about by the internet in terms of shopping innovation by providing various conveniences in the transaction process. Seeing the phenomenon of the rapid development of electronic<br />transactions in Indonesian society, the problem in this research is how to use information technology as a media for consumer protection law education. The research method applied in this study is a normative legal research method. The research is said to be juridical normative because it intends to study and analyze the substance of the legislation on the subject matter or legal issue in its consistency with existing legal principles. The type of research used in this writing is doctrinal research.Aims to obtain a systematic explanation of the rule of law. Thus, all benefits to the community will depend on the provisions of the law itself. The element of education then becomes the spearhead to instill attitudes and habits of obedience to existing rules. If all human interests can be fulfilled without disputes or conflicts, then everything that happens regularly will not be questioned about the concept of justice<br />which focuses on what is entitled or who is at fault if someone is harmed by another person. The first indicator is an understanding of the law, a person knows about certain behaviors that have been regulated by law.</span>
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Matsegorin, Alexander, and Oleksandra Tsaryk. "Advantages and disadvantages of electronic identification using a mobile digital signature (MOBILE ID) in modern civil law." Law and innovations, no. 4 (36) (December 15, 2021): 104–11. http://dx.doi.org/10.37772/2518-1718-2021-4(36)-15.
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Problem setting. Due to the rapid impact of information and communication technologies on commodity-money relations, which are in the sphere of civil turnover in Ukraine, the number of contracts concluded in electronic form is significantly increasing. The scope of electronic documents both in contractual civil law relations and in general in the relations of individuals with government agencies, courts and other public law entities has a clear tendency to expand and grow. Thus, in many areas of commodity-money exchange, the interaction of executors and customers (clients) has reached a completely new organizational and legal level and is carried out exclusively online, because the territorial remoteness and implementation of quarantine measures against COVID-19 is not always possible to sign an agreement on paper. These statements determine the relevance of the chosen research topic. The object of the study is the civil legal relationship using a mobile digital signature (Mobile ID). The subject of the research is the advantages and disadvantages of electronic identification with the use of mobile digital signature in civil circulation. The state of research of the problem. Such scientists as M. I. Anokhin, Yu. V. Borodakiy, N. P. Varnovsky, V. M. Glushkov, M. V. Denisova, M. M. Dutov, A.V. Kobets, G.I. Kupriyanova, A. Matvienko, V. A. Onegov, I. A. Semaev, V. A. Shakhverdov, M. N. Tsyvin, V. V. Yashchenko and others. The target of research is to study the features of the legal regulation of electronic digital signature of a person and his legal status with the analysis of issues arising from the use of such a signature in civil turnover, the formulation of proposals for their solution. Article’s main body. The possibility of using mobile digital signatures in the document flow is provided by the relevant regulations. The Law of Ukraine “On Electronic Digital Signature” adopted on May 22, 2003, defines the legal status of an electronic digital signature and regulates the relations that arise when using an electronic digital signature. This Law does not apply to relations arising from the use of other types of electronic signatures, including digitized images of handwritten signatures. At the same time, the provision of Part 3 of Article 207 of the Civil Code of Ukraine on the use of facsimile reproduction of the signature by means of mechanical, electronic or other copying, as well as electronic signature or other analogue of handwritten signature with the written consent of the parties, which must contain samples handwritten signatures. The legislative base on electronic signatures is currently constantly growing, a passport of a citizen of Ukraine in the form of a card with a contactless electronic carrier (and an electronic digital signature) has been introduced into the continuum of indirect electronic reality. The Law of Ukraine "On Electronic Commerce" of September 3, 2015 regulates the legal regulation of the field of electronic commerce in Ukraine, defines the procedure for electronic transactions with the use of information and telecommunications systems. The legal basis for the provision of electronic trust services, including cross-border, the rights and obligations of the subjects of legal relations in the field of electronic trust services are subject to the Law of Ukraine "On electronic trust services" of October 5, 2017. The number of diverse legal material causes some difficulties in the practical application of a mobile digital signature. Differences in national terminology, which are contained in different sources, as well as existing legal gaps determine the relevance of this problem and require appropriate research. Conclusions and prospects for the development. The scientific novelty of the study is a comprehensive consideration of this topic, namely: the pros and cons of using a mobile digital signature, making suggestions for improving existing legislation with concepts and functions related to the use (Mobile ID).
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Popović, Dušan V. "Online Comments and Defamation : The European Perspective." Law, Identity and Values 1, no. 2 (2021): 129–42. http://dx.doi.org/10.55073/2021.2.129-142.
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A defamatory statement is a false or untrue statement that harms the reputation of a living person. In the digital environment, defamatory content can be easily shared and may remain available online for a very long period. At first, anonymous Internet communication was predominantly seen as a value in itself – a mechanism that advances the public debate, protects political dissension, and furthers due process. However, the rapid growth of social networks and digital platforms has transformed the content and tone of online interactions. This paper analyzes online comments that may threaten the reputation of a person from a freedom of speech and within the auspices of European law. These comments typically appear as anonymous statements, signed only with a ‘nickname’ not allowing for identification of a poster. The European Union has adopted several pieces of legislation that set the legal status of defamatory online comments. The Directive on Electronic Commerce is of utmost importance given that it regulates the dissemination of online content. However, the European approach to defamation cannot be understood unless the European Union’s system is combined with that of the European Convention on Human Rights. The European Court of Human Rights’ approach towards defamatory online comments is best demonstrated in its decision on Delfi v. Estonia and MTE v. Hungary.
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Kamyshanskyi, V. I. "LEGAL ASPECTS OF DIGITALIZATION OF INTERNATIONAL TRADE THROUGH IMPLEMENTATION OF BLOCKCHAIN TECHNOLOGY (EXPERIENCE FOR UKRAINE)." Economics and Law, no. 4 (December 8, 2022): 31–42. http://dx.doi.org/10.15407/econlaw.2022.04.031.
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The article is devoted to the study of the peculiarities of digitalization of international trade through the introduction of blockchain technology and the identification of issues that require legal regulation for the implementation of the relevant process in Ukraine. It is emphasized that digitalization of international trade through the introduction of blockchain technology opens up opportunities for optimization of administrative trade procedures and stimulation of foreign trade activity, in particular, it allows modernizing and optimizing the work of “single windows” (including certification and customs clearance); cross-border data exchange between government agencies or authorities and economic entities; payment transfer system, etc. In turn, the use of smart contracts, built on the appropriate technology, can automate the compliance of stakeholders with various contractual obligations; and data (in the blockchain) — is a stream of reliable information about past transactions, as they remain unchanged after entry. This provides greater transparency and the ability to trace the movement of a product or document throughout the supply chain with a high level of security and immutability, as well as eliminates double spending (in particular, by using the same digital documents as collateral for financing, which is a common source of fraud in international trade. At the same time, blockchain technology is only a tool on the way to optimizing administrative trade procedures and stimulating foreign economic activity and can be used only if there is appropriate legislation. In particular, the issues of determining the legal status of the blockchain (in particular, the terminology — “blockchain”, “smart contracts”) and blockchain-based applications need to be settled. Analysis of international experience proves the lack of unified approaches in this area. This actualizes the need to intensify work at the global international level to address the above issues. It is also advisable for Ukraine to join this process. For the sake of end-to-end digitalization of trade and limiting the possibility of potentially conflicting individual approaches that could lead to further disconnection and barriers to trade, harmonization of domestic legislation in accordance with existing international documents (in particular, UNCITRAL model laws) is becoming important. Digital trade agreements (e.g., the upcoming Digital Trade Agreement between Ukraine and the United Kingdom) are one of the tools that will help to intensify actions in this direction. In addition, among the issues that require regulation prior to the introduction of blockchain technology in international trade are the following: (1) the procedure for entering data (in particular, ensuring their accuracy and completeness) to be transmitted and exchanged on the blockchain; (2) protection of the transmitted data, (3) responsibility for data entry and processing, as well as the legal algorithm for their correction in case of errors (in particular, it should be clearly defined whether it is possible to make changes to the code underlying the blockchain to correct errors and, if so, who has the right to do it), (4) dispute resolution procedure; (5) mutual recognition of documents/certificates issued (this will ensure that the algorithms used work accurately with the data entered and comply with specific (international and national) rules), etc., as well as recognition of electronic signatures and electronic documents (in particular, transfer documents, bills of lading, promissory notes, warehouse receipts, etc. On this basis, it is considered expedient not to adopt a separate legal act like the Illinois State Law “On the Implementation of Blockchain Technology”, but to modernize the existing laws of Ukraine: the Law of Ukraine “On Electronic Commerce”, the Law of Ukraine “On Electronic Documents and Electronic Document Management”, etc. These are the directions of further research. It is considered appropriate at the legislative level to allow the use of smart contracts, records and signatures protected by blockchain in the field of trade and to use the method of analogy of the law in order to extend the legal regime of electronic contracts and signatures to them, which is reflected in the law-making of certain foreign countries (in particular, the United States (New York State). It is proposed to develop and adopt legislation on the digitalization of economic policy in general and foreign economic policy in particular, taking into account the principles of functional equivalence and technological neutrality. This will protect domestic legislation from the need for constant amendments to take into account the emergence of new technologies.
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Currie, Jane, Mary Chiarella, and Thomas Buckley. "Collaborative arrangements and privately practising nurse practitioners in Australia: results from a national survey." Australian Health Review 41, no. 5 (2017): 533. http://dx.doi.org/10.1071/ah16051.
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Objective Since the introduction of legislative changes in 2010, services provided by privately practising nurse practitioners (PPNPs) in Australia have been eligible for subsidisation through the Medicare Benefits Schedule (MBS) and Pharmaceutical Benefits Scheme (PBS). To provide eligible services, PPNPs must collaborate formally with a medical practitioner or an entity that employs medical practitioners. This paper provides data from a national survey on these collaborative arrangements in Australia. The aim of the study was to evaluate the impact of PPNP services on patient access to care in Australia. Methods PPNPs in Australia were invited to complete an electronic survey. Quantitative data were analysed using descriptive statistics, whereas qualitative data were analysed using thematic analysis. Seventy-three surveys were completed. Results Ninety-three per cent of participants reported having a collaborative arrangement in place. Frequency of communication ranged from daily (27%) to never (1%). Participants reported that collaborative arrangements facilitate learning, patient care and offer support to PPNPs. However, for some PPNPs, organising a formal collaborative arrangement is demanding because it is dependent on the availability and willingness of medical practitioners and the open interpretation of the arrangement. Only 19% of participants believed that collaborative arrangements should be a prerequisite for PPNPs to access the MBS and PBS. Conclusion Although there are benefits to collaborative arrangements, there is also concern from PPNPs that mandating such arrangements through legislation presents a barrier to establishing PPNP services and potentially reduces patient access to care. Collaboration with medical practitioners is intrinsic to nursing practice. Thus, legislating for collaborative arrangements is unnecessary, because it makes the normal abnormal. What is known about the topic? To access the MBS and PBS, PPNPs are required by law to have a collaborative arrangement with a medical practitioner or entity that employs medical practitioners. To date, the effects of these collaborative arrangements on PPNP services in Australia have not been known. What does the paper add? This paper provides unique data from a national survey on collaborative arrangements between PPNPs and medical practitioners in Australia. What are the implications for practitioners? Although there are benefits to collaborative arrangements, there is also concern that mandating such arrangements presents a barrier to establishing PPNP services and potentially reduces patient access to care.
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Ryl’skaya, M. A., A. Yu Kozhankov, and O. G. Bobrova. "CUSTOMS PAYMENTS: TRENDS IN THE DEVELOPMENT OF CUSTOMS ADMINISTRATION IN RUSSIA IN THE FRAMEWORK OF THE EURASIAN CUSTOMS UNION (EACU)." Finance: Theory and Practice 22, no. 4 (October 3, 2018): 88–103. http://dx.doi.org/10.26794/2587-5671-2018-22-4-88-103.
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The authors put forward and consistently proved the hypothesis that changes in the structure of international trade (the development of electronic commerce, the active implementation of electronic cross-border payments), its legal regulation (the WTO Agreement on Trade Facilitation and the Framework Agreement on Paperless Cross-Border Trade, the entry into force of the Customs Code of the Eurasian Customs union) determine the need for changes in the paradigm of control and supervision activities in the sphere of charging, paying and collecting customs payments. We concluded that the tools introduced by the Federal Customs Service and the Federal Tax Service (electronic tracking of goods, electronic information exchange between tax and customs authorities, integrated information resource on international trade operators) are effective. The authors also present the results of the analysis of the economic effect of changes in the legal regulation of the accrual, payment, collection of customs payments, expressed in the growth of additional accrued and additional collected payments. Based on the analysis of the system of customs and tariff regulation, of the dynamics of the rates of the unified Customs Tariff of the EEu, and of the law enforcement practices, the authors formulated areas of risk that include the lack of uniform application of customs legislation and the strong influence of WTO law. The research carried out by the authors made it possible to forecast directions for improving the legal regulation and administration of the charging, paying and collecting customs payments. It includes: improving the unified mechanism of customs and tax administration, as well as foreign currency control based on the creation and application of integrated information technologies; implementation of international standards developed under the World Customs Organization; the existence of prerequisites for the possibility of payment of import customs duties and taxes after the release of goods for conscientious operators; redistribution of functions of customs and tax authorities (leaving control over the payment of import customs duty in the competence of customs authorities, with the possible transfer of control over the payment of indirect taxes (VAT and excise) payable in respect of imported goods).
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Sevostyanov, Vadim, and Oleg Mineev. "Digitalization of Civil Turnover in the Context of the Digital Socio-Economic Paradigm: Main Problems and Prospects of Development." Legal Concept, no. 1 (May 2022): 64–69. http://dx.doi.org/10.15688/lc.jvolsu.2022.1.9.
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Introduction: the active development of digital technologies sets innovative research goals for the scientific community, and therefore digital socio-economic interaction should be provided with an appropriate regulatory framework. Among the most important problems is the solution of interdisciplinary issues related to the digitalization of property turnover. The purpose of the study is to consider the key interdisciplinary research and practical problems of digitalization of property turnover and to develop the main directions of development of the phenomenon under study. To achieve this goal, some tasks were set and implemented, namely: the analysis of the current state of the digital environment, property turnover, legislation, and scientific doctrine; the identification of research and practical problems related to digital currency, smart contracts, and digital trade; the justification of the proposed ways to solve interdisciplinary research and practical problems. Methods: the study was conducted using the comparative law method and the modeling method. The identification of interdisciplinary research and practical problems, as well as methods of their solving, was based on the methods of ascent from the abstract to the concrete, induction, and deduction. As a result of the implementation of the research objectives using the general scientific and specific scientific methods described above, the constitutive features of the key elements of property turnover in the digital environment, such as digital currency, smart contract, electronic commerce, have been determined. Results: both doctrinal and practical problems related to the essence and features of the above elements, as well as the legal regulation of relations concerned, have been identified. These elements are considered in two dimensions: in the information system and in the legal field. In addition, significant gaps have been identified in the regulatory framework of relations concerned; the impossibility of applying the classical regime of civil rights objects and document management rules to digital objects and processes has been substantiated. Conclusions: based on the results of the study, specific ways of solving interdisciplinary theoretical and practical problems of digitalization of property turnover have been proposed, which are of great importance for both scientific and practical research in the field of law.
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Geiger, Christophe, and Bernd Justin Jütte. "Platform Liability Under Art. 17 of the Copyright in the Digital Single Market Directive, Automated Filtering and Fundamental Rights: An Impossible Match." GRUR International 70, no. 6 (March 12, 2021): 517–43. http://dx.doi.org/10.1093/grurint/ikab037.
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Abstract The Directive on Copyright in the Digital Single Market (CDSM Directive) introduced a change of paradigm with regard to the liability of some platforms in the European Union. Under the safe harbour rules of the Directive on electronic commerce (E-Commerce Directive), intermediaries in the EU were shielded from liability for acts of their users committed through their services, provided they had no knowledge of it. Although platform operators could be required to help enforce copyright infringements online by taking down infringing content, the E-commerce Directive also drew a very clear line that intermediaries could not be obliged to monitor all communications of their users and install general filtering mechanisms for this purpose. The Court of Justice of the European Union confirmed this in a series of cases, amongst other reasons because filtering would restrict the fundamental rights of platform operators and users of intermediary services. Twenty years later, the regime for online intermediaries in the EU has fundamentally shifted with the adoption of Art. 17 CDSM Directive, the most controversial and hotly debated provision of this piece of legislation. For a specific class of online intermediaries known as ‘online content-sharing providers’ (OCSSPs), uploads of infringing works by their users now result in direct liability and they are required undertake ‘best efforts’ to obtain authorization for such uploads. With this new responsibility come further obligations which oblige OCSSPs to make best efforts to ensure that works for which they have not obtained authorization are not available on their services. How exactly OCSSPs can comply with this obligation is still unclear. However, it seems unavoidable that compliance will require them to install measures such as automated filtering (so-called ‘upload filters’) using algorithms to prevent users from uploading unlawful content. Given the scale of the obligation, there is a real danger that measures taken by OCSSPs in fulfilment of their obligation will amount to expressly prohibited general monitoring. What seems certain, however, is that the automated filtering, whether general or specific in nature, cannot distinguish appropriately between illegitimate and legitimate use of content (e.g. because it would be covered by a copyright limitation). Hence, there is a serious risk of overblocking certain uses that benefit from strong fundamental rights justifications such as the freedom of expression and information or freedom of artistic creativity. This article first outlines the relevant fundamental rights as guaranteed under the EU Charter of Fundamental Rights and the European Convention of Human Rights that are affected by an obligation to monitor and filter for copyright infringing content. Second, it examines the impact on fundamental rights of the obligations OCSSPs incur under Art. 17, which are analysed and tested also with regard to their compatibility with general principles of EU law such as proportionality and legal certainty. These are, on the one hand, obligations to prevent the upload of works for which they have not obtained authorization and, on the other, an obligation to remove infringing content upon notification and prevent the renewed upload in relation to these works and protected subject matter (so-called ‘stay-down’ obligations). Third, the article assesses the mechanisms to safeguard the right of users of online content-sharing services under Art. 17. The analysis demonstrates that the balance between the different fundamental rights in the normative framework of Art. 17 CDSM Directive is a very difficult one to strike and that overly strict and broad enforcement mechanisms will most likely constitute an unjustified and disproportionate infringement of the fundamental rights of platform operators as well as of users of such platforms. Moreover, Art. 17 is the result of hard-fought compromises during the elaboration of the Directive, which led to the adoption of a long provision with complicated wording and full of internal contradictions. As a consequence, it does not determine with sufficient precision the balance between the multiple fundamental rights affected, nor does it provide for effective harmonization. These conclusions are of crucial importance for the development of the regulatory framework for the liability of platforms in the EU since the CJEU will have to rule on the compatibility of Art. 17 with fundamental rights in the near future, as a result of an action for annulment filed by the Polish government. In fact, if certain features of the article are considered incompatible with the constitutional framework of the EU, this should lead to the erasing of certain paragraphs and, possibly, even of the entire provision from the text of the CDSM Directive.