scholarly journals Businesses Blogging and the Effects of Non-Compliance

2015 ◽  
Vol 7 (5) ◽  
pp. 55-63
Author(s):  
Duryana Binti Mohamed
Keyword(s):  
Electronic Commerce ◽  
Legal Framework ◽  
Business Owners ◽  
Legal Issues ◽  
Legal Rules ◽  
Online Transactions ◽  
On Line ◽  
Primary Medium

Presently, business blogging is gaining increasing on-line popularity. Some bloggers or business owners engage in this form of business for limited periods to test the marketability of their products, while others rely on it as the primary medium for marketing their products and services. Given that commerce is being conducted via blogs, some exploit this medium for fraudulent purposes. In Malaysia, there are legal rules and regulations governing online transactions or electronic commerce. However, to date these have not been updated to include specific provisions for business blogging. The legal issues that arise are whether owners of such commercial blogs should comply with the existing legal framework governing online transactions or electronic commerce and are thus liable to consumers under consumer laws. This paper discusses the above issues by examining the application of existing laws on business blogging and the effects of non-compliance.

Some Internet and E-Commerce Legal Perspectives Impacting the End User

2011 ◽  
pp. 16-22 ◽  
Author(s):  
Peter P. Mykytyn Jr.
Keyword(s):  
Electronic Commerce ◽  
End Users ◽  
Legal Issues ◽  
Web Browser ◽  
Web Based ◽  
Brick And Mortar ◽  
On Line ◽  
Business To Consumer ◽  
The Web ◽  
The Way

Not too many years ago, hardly anyone had heard the terms “Web browser,” “Web,” or “electronic commerce.” Today, the World Wide Web, often referred to as simply the Web and as the Internet, offers almost limitless opportunities for end users to do research, obtain comparative information on different products or services, and conduct business online. Many users today, for example, have experienced the opportunity to visit competing web travel sites, e.g., Travelocity.com and Expedia.com, to price airline fares, obtain car rental information, and make a hotel reservation. More often than not, it seems, end users are also intrigued by the fact that prices for the same flight or car are not necessarily the same at the sites searched; in a way, users have become much more savvy in their selection of products and services. In general, end users can become much more efficient and effective as they conduct business online, and both consumers and businesses can participate in unrestricted buying and selling. Consequently, the Web is changing the way businesses do business, and, of course, it is changing the way many end users conduct their business as well. Electronic commerce (e-commerce) mainly consists of business-to-business (B2B) and business-to-consumer (B2C) types of transactions. According to an e-commerce survey (Survey E-Commerce, 2000) B2B transactions accounted for 80% of all e-commerce and added up to $150 billion in 1999. Further, B2C transactions in the US amounted to about $20 billion that same year. Although there continues to be a “shaking out” period involving dot.com organizations, questions and decisions about whether to develop Web-based storefronts along with the traditional brick and mortar outlets, e-commerce will most likely continue to expand. But while e-commerce grows, maintaining control over on-line transactions and business risks creates challenges that may not be apparent to unsophisticated end users. One of these challenges pertains to the various and assorted legal issues that confront end users as well as the e-commerce businesses where end users shop. Whether buying or selling on the Web or even just establishing one’s home page, legal issues, in addition to providing protection, can also present pitfalls to the unwary. This paper discusses briefly two of the legal issues that can confront today’s end users as they do business over the Web. They are matters dealing with contract law and jurisdictional questions.

scholarly journals Conflict Resolution in Virtual Locations

2011 ◽  
pp. 33-50 ◽  
Author(s):  
Francisco Andrade ◽  
Paulo Novais ◽  
Davide Carneiro ◽  
José Neves
Keyword(s):  
Artificial Intelligence ◽  
Electronic Commerce ◽  
Dispute Resolution ◽  
The Other ◽  
Electronic Format ◽  
New Developments ◽  
New Approach ◽  
Online Transactions ◽  
Doing Business ◽  
On Line

The growing use of telematic ways of communication and of the new developments of Artificial Intelligence, brought along new ways of doing business, now in an electronic format, and requiring a new legal approach. Thus, there is an obvious need for legal changes and adaptations, not only concerning a new approach of traditional legal institutes, but also concerning a need for new developments in procedural means. Transactions are now undertaken in fractions of seconds, through the telematic networks, requiring more efficient ways for solving conflicts; on the other hand, the fact that we must now consider commercial transactions totally undertaken within an electronic environment (“online transactions”) leads to an obligation of rethinking the ways of solving disputes, that will inevitably arise from electronic commerce. Chapter 3 discusses a whole new evolution towards a growing use not only alternative dispute resolution, but also, towards the so-called on-line dispute resolution.

Cross-border Distribution of Collective Investment Products in the EU

2018 ◽  
Author(s):  
Matteo Gargantini ◽  
Carmine Di Noia ◽  
Georgios Dimitropoulos
Keyword(s):  
Home Country ◽  
Legal Framework ◽  
Business Rules ◽  
Investment Funds ◽  
Legal Rules ◽  
Section 8 ◽  
Cross Border ◽  
Product Regulation ◽  
Supervisory Practices ◽  
The Eu

This chapter analyzes the current regulatory framework for cross-border distribution of investment funds and submits some proposals to improve it. The chapter is organized as follows. Section 2 provides a schematic description of the legal taxonomy for collective investment schemes. Section 3 addresses the EU disclosure regimes that apply to the distribution of various types of investment funds. Sections 4 and 5 consider conduct-of-business rules and, respectively, the legal framework for the allocation of supervisory powers on product regulation when fund units are distributed in more than one country. Section 6 provides some data that help assess the performance of the current framework for cross-border distribution. It then analyzes some of the residual legal rules and supervisory practices that still make cross-border distributions of funds more burdensome than purely national distributions, whether these restrictions are set forth in the country where investors are domiciled (Section 7) or in the fund's home country (Section 8).

Transgender Students

2018 ◽  
Author(s):  
Suzanne E. Eckes ◽  
Maria M. Lewis
Keyword(s):  
School Districts ◽  
Gender Identity ◽  
Legal Framework ◽  
Legal Issues ◽  
Cutting Edge ◽  
Legal Authority ◽  
Relevant Research ◽  
Student Records ◽  
Growing Body ◽  
Transgender Students

Controversies over school policies that impact transgender students have garnered increased attention in recent years. For example, some transgender students have been prohibited from using the restroom that aligns with their gender identity, and others have not been addressed by their preferred names. Thus, in this chapter, we focus on cutting-edge issues that relate specifically to transgender students. In doing so we explore the legal landscape related to transgender student inclusion. We will begin with an overview of relevant research, followed by a presentation of the legal framework and finishing with a discussion of important legal issues, including topics such as access to facilities, privacy, pronouns and student records, athletics, and dress codes. As this chapter will demonstrate, unprecedented efforts in research have revealed alarming inequities experienced by transgender individuals. Concurrently, with some limitations or exceptions, there is a growing body of legal authority that has been successfully relied upon to protect the rights of transgender students. To be certain, the law impacting transgender individuals is multifaceted and evolving. Of notable significance, transgender students who have initiated legal claims against school districts for their discriminatory practices have all ended in favorable outcomes for the students.

Official discipline of civil servants: legal framework

2021 ◽  
pp. 434-442
Author(s):  
A.Ya. Petrov
Keyword(s):  
Russian Federation ◽  
Civil Service ◽  
Legal Framework ◽  
The State ◽  
Legal Issues ◽  
Civil Servants ◽  
Federal Law ◽  
Judicial Practice ◽  
The Russian Federation

On the basis of the analysis of Art. 11 of the Labour Code of the Russian Federation, Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” and judicial practice, topical legal issues of the official discipline of State civil servants are considered.

scholarly journals Consultant child and adolescent psychiatrists' knowledge of and attitude to the use of legislation concerning young people with psychiatric disorder

2003 ◽  
Vol 27 (10) ◽  
pp. 367-370 ◽  
Author(s):  
Alex Mears ◽  
Richard White ◽  
Paul Lelliott
Keyword(s):  
Mental Health ◽  
Young People ◽  
Psychiatric Disorder ◽  
Child And Adolescent ◽  
Legal Framework ◽  
Legal Issues ◽  
Clinical Implications ◽  
Questionnaire Form ◽  
Main Message ◽  
Better Than

Aims and MethodThis study aimed to examine in-patient child and adolescent consultant psychiatrists' knowledge of and attitude to the Mental Health Act 1983 (MHA), the Children Act 1989 and issues around consent. A questionnaire form was sent to all in-patient consultants in England and Wales.ResultsThe consultants who responded (n=51, 67%) reported a desire for more training in legal issues. Knowledge of the MHA was better than for the Children Act 1989; those who used the MHA at least once every 6 months scored more correct answers to questions about the MHA than did those who used it less frequently or never.Clinical ImplicationsAlthough the study indicates specific gaps in knowledge, the main message is that training should consider the legal framework as a whole, with an emphasis on practical issues about its application in the in-patient setting.

scholarly journals Trustworthiness, Security and the Decision to Buy on Electronic Platforms: Validity studies of a scale

2020 ◽  
Vol 5 (1) ◽  
pp. 31
Author(s):  
José Pedro Cerdeira
Keyword(s):  
Psychometric Properties ◽  
Psychological Factors ◽  
Previous Experience ◽  
Convenience Sample ◽  
Online Transactions ◽  
Conceptual Clarification ◽  
On Line ◽  
Validity Studies ◽  
Perception Of Security ◽  
Trust Scale

The digitization of the economy is creating difficulties for traditional companies, jeopardizing the survival of the most resistant to change. With e-commerce platforms, small and micro-businesses can open new channels of communication with consumers, paying attention to some psychological factors that influence the decision to buy online: the perception of security, reputation, trust, appearance and design websites. The purpose of this article is to assess the importance of these factors in the decision to purchase online, using a questionnaire administered on line (GoogleForms) to a Portuguese convenience sample (n = 163). The results reveal differences based on sex and consumers' previous experience in carrying out online transactions, as well as significant associations between some of the dimensions of the online trust scale of Sevim and Hall (2014) and the use of e-commerce platforms. In the conclusions, some proposals for conceptual clarification are presented and the psychometric properties of the scale used are discussed.

scholarly journals Penyelesaian Sengketa Transaksi Bisnis Elektronik Commerce Melalui Internet

2021 ◽  
Vol 2 (2) ◽  
pp. 218-222
Author(s):  
Anak Agung Bagus Sempidi Junior ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Desak Gde Dwi Arini
Keyword(s):  
Information Technology ◽  
Electronic Commerce ◽  
Cultural Values ◽  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
Legal Rules ◽  
Business Transactions ◽  
The Government ◽  
Settlement Of Disputes

Development of information technology through legal infrastructure and its regulation so that the use of Information Technology is carried out safely to prevent its misuse by taking into account the religious and socio-cultural values of the Indonesian people. . The research method uses normative legal research and problem approaches using statutory and conceptual approaches. The results of the study show that consumer legal protection in online Electronic Commerce business transactions is regulated through online sale and purchase agreements based on conventional formal and material terms accompanied by buying and selling transactions carried out electronically through computer media. Settlement of disputes in e-commerce business transactions via online, is carried out both non-litigation and litigation. The suggestion is to the Government, it is hoped that participation in solving problems is very important, if a case like this occurs between different countries, then the settlement of this problem must be determined which legal rules will be used to solve it. The purpose of this study is to determine legal protection for consumers in electronic commerce business transactions through online, and how to resolve disputes that occur in electronic commerce business transaction agreements through online

scholarly journals Comparative Law Analysis of Consumer Protection Law in E-Commerce Transaction Between Indonesia and United States

2021 ◽  
Vol 5 (2) ◽  
pp. 11-25
Author(s):  
Felix Pratama Tjipto
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Consumer Protection ◽  
Rapid Growth ◽  
Comparative Law ◽  
Legal Framework ◽  
Abuse Of Power ◽  
Online Transactions

Innovation of technology and rapid growth of digitalization is steadily increasing its capacity in supporting human daily tasks, one of which is through online transactions that are increasing rapidly due to the occurrence of COVID-19 pandemic which forces people to do their activities from home. Nevertheless, the increased usage of technology directly affects the rise in creating loopholes and abuse of power which may violate the regulations and consumer’s rights in doing online transactions. This paper shall discuss and provide comparative and statute approach analysis between Indonesian and U.S law, its creation methods, organizations involved and law enforcement since it is important to address this issue in order to ensure that the enforcement of a solid legal framework is really being applied to regulate this matter. 

However, before previous cases can be considered as potential ratios, they need to be located according to whether or not they are similar to the present case. Sometimes, counsel for the litigants will strenuously argue that previous cases are not precedents because they can be distinguished on their facts. In other words, they are not similar; the court may agree out of persuasion or policy. In this way extremely subtle ‘differences’ are found between two cases. It is difficult if not impossible to come up with a clear formula that will always work for ascertaining the ratio of a case. But a reasonable idea of the difficulties in ascertaining the ratio is a necessary and revealing step for any interpreter engaged in the search for a ratio. Appreciation of the difficulties prevents simplistic case analysis which will ultimately lead to simplistic and inadequate construction of legal arguments. If an argument is being made on weak, tenuous or stretched grounds, it is better to know than be ignorant as to the basis of the case one is constructing. One of the major difficulties involved concerns the different types of information and skills that have to be utilised in deciding whether a case is a precedent. To provide some light relief, work through the questions in the chart in Figure 4.6, below. It is an over-simplistic chart asking some of the necessary questions to decide if a previous case constitutes a precedent to be followed in a current case. As mentioned above, the law tends to work through generalised rules which have to be applied to specific circumstances. This is why lawyers spend so much time comparing, contrasting and differentiating situations, for they are constructing arguments based upon similarity and difference. Legal rules are, by convention and necessity, expressed as general rules. Lawyers have to reason from the generality of the rule to the specificity of the situation. At times, lawyers have to research previous cases meticulously to assist in predicting the outcome of the current case. After all, there is no point in going to court if the exact point the client wishes to make has already come before a court and been determined to his detriment. Part of the lawyer’s particular expertise is knowing how to look quickly through past cases to find relevant decisions either supporting or opposing a client’s case. The location of materials is relatively easy given the range of on-line databases available. Unfortunately, students often do not have unlimited access to training in how to use such databases. So, there is a need to rely on one of the citators to locate relevant cases. Searches can be made, first, to pinpoint cases dealing with specific legal rules; secondly, a range of cases with similar facts can be located through analysing the first trawl of data. These cases then need to be carefully read and analysed. The lawyer has to construct an argument and predict the opponent’s arguments. This is done by, initially, checking relevant cases. It must be evident by now that the ability to locate and subsequently analyse law reports is extremely important. After careful reading, the lawyer has to construct detailed arguments concerning similarities with other cases that help the client’s position, and arguments need to be constructed demolishing the potential precedential value of cases not helping the client. This latter skill is called distinguishing, and it is a particularly important skill for those who wish to ensure that a precedent is not followed.

2012 ◽  
pp. 85-86
Keyword(s):  
Current Case ◽  
Legal Rules ◽  
General Rules ◽  
On Line ◽  
Unlimited Access ◽  
To Come ◽  
Types Of Information ◽  
Similarity And Difference ◽  
Law Reports ◽  
Exact Point
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