Online retailing business has grown at an
incredibly pace in these few decades. With the increasing of people tend to
change their traditional shopping habits because of the convenience of online
shopping and services that provide from online retailers, but, there are also
shown some ethical issues, legal issues and challenges to online retailers
nowadays. The definition and the scope of online marketing, online retailing,
online retailer; and the ethical issues, legal issues that challenges online
shopping may not be neglected. Now a days online business is rapid emerging
trend, by the advanced and increased use of online media.
Research shows that every five in eight
companies are operating online, conducting e-commerce business. But being
functional online doesn't mean the companies can escape legal matters. The
European Commission stressed that “in order to allow for e-commerce operators
to reap the full benefits of the single market, it is essential to avoid
regulatory inconsistencies and to ensure a coherent legal and regulatory frame
work for e-commerce. There are various legal issues associated with e-retailing
business as well and if these issues are not taken care of in time, they can
lead to serious problem for the business.
“E-contracts"
In the case of Trimex International FZE Ltd. Dubai v/s Vedanta Aluminum
Ltd., the Supreme Court has held that e-mails exchanges
between parties regarding mutual obligations constitute a contract. In an
online environment, the possibility of minors entering into contracts increases,
more so with the increasing usage of online medium among teenagers (minors
here) and their preference to shop online or purchase online goods and
services.
“Jurisdiction Issues “Applicable law and choice
of forum are different concepts that must both be addressed while addressing
internet jurisdiction concerns. Applicable law refers to which country’s law
will be applied to a particular dispute. While some contracts will specify
which law governs should a dispute arise, where such a clause has not been
included. It is left to the courts to determine which law should be applied.
“Privacy Issues" is the major issue that can create the
problems for both Companies and customers. Consumers share information with
business online by expecting it must be under confidential. But, just one minor
mistake takes the leakage of valuable information of a customer. BY this the
business will lose not only potential customers but also company image and
reputation.
“Security issues “Security over the Internet is of vital
importance to promote e-commerce. Companies that have sensitive information on
their websites must ensure that they have adequate security measures to
safeguard their websites from any unauthorized intrusion. A company could face
security threats externally as well as internally. Externally, the company
could face problem from hackers, viruses and Trojan horses and internally, the
company must ensure security against its technical staff and employees.
E-commercial transactions cannot be
addressed simply in terms of mechanical changes. Rather, they have engaged
fundamental change in relationships, expectations and subject matter, which
challenge contract law and contract scholars to come to grips with the nature
of their doctrines, practices, and presumptions as they are applied to
fundamentally new and different relationships.
“The Internet is the
first thing that humanity has built that humanity doesn’t understand, the
largest experiment in anarchy that we have had.”
Dr.Sanjeev Ingalgi
Prof.V.R.Hiremath
Assistant Professor
Assistant Professor
GIT Belgaum
IEMS B-School,Hubli
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