E-Commerce

Posted on Posted in Commercial Law, Incoporating Papers

In today’s world, using advanced technology has indeed become a daily need. The advance of computer technology has rendered physical presence unnecessary and most transactions ranging from simple electronic payments and online ordering to receipt of more sophisticated services can be carried out on the cyberspace. Electronic commerce, as a basic definition, is any commercial activity where parties use computer digital technology and do the transaction from a distance. E-commerce defies national borders and is inherently international. The advent of this brand new means of commerce has necessitated legal developments. A salient legal issue in E-commerce is comparing electronic data in the cyberspace to its physical equivalent in the real world and coming up with similar solutions to define and analyze it. Since E-commerce is a transnational issue and domestic laws regarding offer, acceptance, endorsement, deeds and witnesses do not address electronic data, some regulations have been formulated for this field in the national and international spheres. The most important legislation in Iran in this area is the E-commerce law of 2003. This law, which establishes the center for development of E-commerce, aims at developing E-commerce with a view to joining virtual markets and using newest technologies as required under the Fifth Development Plan. One chapter of this law has been allocated to protection of consumer rights, while Consumer Protection Act of 2009 will still be applicable as lex specialis. In the same vein, it is necessary for electronic service providers to acquire a reliability logo, which is a type of work license in cyber space, from the Center for Development of E-commerce in accordance with relevant directives. The Cyber Crime Act (2011) is another important legislation aiming at prevention of crime in Cyber-Space. Iran’s enactment of 2003 E-Commerce law is very much in line with international provisions and model laws including UNCITRAL Model Law of Electronic Commerce, UNCITRAL Model Law of Electronic Signature and United Nations Convention on the Use of Electronic Communication in International Contracts. The 2003 law includes provisions on consumers who receive services online, advertisement on cyber space, protection of data, copyright, trade secrets and trademarks in an electronic context and finally electronic crimes. One can also refer to taxes, intellectual property law, the possibility of concluding contracts electronically and electronic data security, reliability and admissibility, as major issues in E-Commerce. FAR Law Firm, as one of the pioneers in using E-Commerce, is prepared to offer consultation and legal services to its clients at different levels including contract negotiation, regulation compliance, negotiation and litigation before courts on issues relating to this novel field of commerce.

6 thoughts on “E-Commerce

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