Internet Commerce
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What is Internet Commerce?
Internet Commerce (or e-commerce or electronic commerce) is transacting business by means of an electronic network. Since the almost universal adoption of the Internet for conducting business, e-commerce has become the normal way of conducting many types of transactions, both retail and business-to-business.
How is a Legally Binding Agreement Achieved?
Using a website to sell goods or services requires agreements that can be entered into online. Some agreements may include only the terms of the sale, such as whether the product may be returned for a refund. Other agreements may specify terms that govern the provision of services such as computer programming.
Online agreements must comply with applicable laws for the type of transaction involved. There are laws that specify what must be done to achieve a legally binding agreement when the contract terms are presented and agreed to electronically.
Conforming internet commerce agreements so they are suitable for customers in different countries may require more than one version of the agreement. In order to have country-specific agreements, it may be necessary to adopt a process of electronically authenticating the identity and location of each online customer.
Data protection requirements are also critically important when doing business online. Appropriate steps must be taken to assure that requirements applicable in the jurisdictions in which each party is located are satisfied.
Are there Rules for Advertising Online?
In the United States, direct marketing via e-mail is limited by the federal CAN- SPAM Act of 2003 and other laws.
The truth of Internet advertising is regulated by the Federal Trade Commission. Various state laws may also apply.
There are also state and federal unfair competition laws that may be invoked to stop false and misleading conduct.
What Legal Issues Arise for Buyers?
A party to an e-commerce transaction is interested in making sure that the entity with whom it is doing business is ready, willing and able to provide what it promises. For this reason, parties need to be able to authenticate the identity of the other party, and bind the other party to an appropriate online agreement.
A party should also consider obtaining assurance that the online party's systems will adequately protect the party's privacy, identity and confidential data. Further, a party to an online agreement may also need to consider whether it can obtain legal recourse if the other party fails to perform the agreement.
What Can You Do to Protect Your Domain Name?
If you want to sell goods or services via the Web, you first need to have an Internet presence that reflects your marketing identity. Obtaining and protecting a domain name for your website is important. Disputes concerning domain names are common. Disputes regarding rights in domain names may be decided by a number of different forums, including the federal courts and the World Intellectual Property Organization (WIPO) in Geneva, Switzerland.