Traditional business models cite “location, location, location” as the critical factor for commercial success, however the hallmark of e-commerce is that issues of location in the physical sense are not relevant . As such, the concept of “location” has created an internal paradox within this new business model, resulting from the evolution of novel legal issues, where “location returns very much to the forefront” . Furthermore, it has been argued that the central issues raised by e-commerce are where the contract is made, the governing law, appropriate tax regime and consumer protection . This in itself highlights the competing interests operating at the heart of e-commerce; namely, the growth of business opportunities due to relative reduction in operating costs vis-à-vis the consumer rights against the shield of anonymity and bargaining power afforded by online business transactions.
[...] International Journal Law Info Tech (2004) at p.167. Ibid. Susan Singleton (2003). E-Commerce: A Practical Guide to the Law. Gower Publishing Limited Ibid. Ibid. Chissick, M., and Kelman, A., (2002). Electronic Commerce: Law and Practice”. 2nd Edition Sweet & Maxwell. Ibid. Porter, E.M., (1985) Competitive Advantage. The Free Press. Chaffey, D., (2006). E-Business and E-Commerce Management. FT Prentice Hall. Pervez & Lars., (2003). European Union the Race for Foreign Direct Investment in Europe. Oxford Ibid. Ibid. Chaffey, D., (2006) op.cit Ibid. Ibid. [...]
[...] As such, it is inherently impossible for adopted legal measures to adequately address the pace of technological change, which begs the question as to whether other mechanisms are needed to operate in conjunction with the legal framework to achieve a balance between market facilitation and consumer objectives. EU Initiatives The main EU initiatives relevant to the current analysis are the Distance Selling Directive[37], Electronic Commerce Directive[38] and the E-Money Directive[39]. The Distance Selling Directive has been incorporated into UK law in the form of the Consumer Protection (Distance Selling) Regulations 2000 (the Regulations). [...]
[...] The circular nature of this internet business model demonstrates that whilst some commentators argue that e-commerce initiatives favour market facilitation over consumer objectives[10], the effective operation of both objectives is essential to effective e-commerce. Indeed, it is submitted at the outset that the current legal framework appears to be made up of piecemeal knee jerk reactions to specific problems aimed at assuaging consumer fear online. Accordingly, such measures aimed at ensuring consumer protection in the e-commerce revolution are inherently flawed in failing to account for the interdependency of effective e-commerce and consumer protection and wider influential factors must be considered to ensure effective protection of both interests. [...]
[...] Indeed the market facilitation of e-commerce has led to widening concepts of entrepreneurship, which nevertheless fall outside the legal definition of business to consumer transactions, thereby enabling exploitation of this lacuna in the law. A prime example of various channels of modern entrepreneurship[59]” is the proliferation of online auction sites such as ebay, which has highlighted the need systems which allow the transfer of value between consumers, rather, than only between consumers and business[60]”. Whilst this observation focuses on the need for developed payment systems to aid market facilitation in such contexts, these new online models for consumer purchase also raise issues as to liability. [...]
[...] Oxford Arno R Lodder, Henrik W.K Kaspersen., (2002) “Edirectives: Guide to European Union Law on E-Commerce Commentary on the Directives on Distance Selling, Electronic Signatures, Electronic Commerce, Copyright in the Information Society and Data Protection”. Kluwer Law International. Peter Preston, Abolition of Hard Cash? That will do nicely. Money's symbolic power is vanishing one stride at a time. The Guardian Monday April Chris Reed. Ian Walden and Laura Edgard., (2000) Cross Border Electronic Banking: Challenges and Opportunities. 2nd Edition LLP publishing. [...]
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