Saturday 15 September 2012

Business law issues as related to eCommerce in HK

The following study notes are related to Business law issues as related to eCommerce in Hong Kong:

  1. As related to the Contract of Law
    • Law of which country should be applied
    • The nature of advertisement on the Internet
  2. Application of existing legal principles
    • Finding appropriate rules by analogy
  3. The legal framework as offered by Electronic Transactions Ordinance (Cap 553)
    • Facilitation of Electronic Commerce
      • On digital electronic signatures
      • On admissibility of electronic records
        • General rules and presumptions
          • What if there is more than one place of business?
          • What if there is no principal place of business?
          • How can a document be signed over the Internet?
      • The problem of Geography: the place of the originator and addressee
    • The Establishment of the Postmaster General as a Certification Authority
  4. The Hong Kong Monetary Authority and guidelines on Virtual Banks
  5. On Cybersquatting
  6. The problem of privacy
    • On Personal Data (privacy) Ordinance and how it protects consumers who provide personal data via Internet
    • Issues as related to transfer of personal data outside Hong Kong
    • Anti-spam measures in Hong Kong







Reference
Carver, A. (2004) "Chapter 7: The New Law Merchant and the Internet Revolution" Hong Kong Business Law, Longman

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