E-Commerce Policy with an Emphasis on Electronic Transactions and Privacy -- Government of Maldives Study Tour -- By Isa

1. E-Commerce Policy with an Emphasis on Electronic Transactions and Privacy -- Government of Maldives Study Tour -- By Isa Seow 3rd August 2003

2. Legal and technical infrastructures to support secure and reliable e-commerce Electronic Transactions Act / Digital Signature Acts Intellectual Property Rights Amendments to current law, e.g. Evidence Act Tax Issues Import and Export Procedures Consumer Related Laws - General Competition Acts - Consumer Protection Acts - Fair Trading Acts, etc Cybercrime Laws

3. Electronic Transactions An �ETA� deals with legal aspects of electronic contracts, rights and obligations of transacting parties, use of digital and electronic signatures, and concerns for authentication and non-repudiation. Use of electronic applications and licences for public sector � to accept citizen�s electronic filings without mending respective acts. It also allows public bodies to issue permits and licences electronically. Provision for a Public Key Infrastructure (PKI). Public Key Infrastructure could be a foundation for a trusted and secure environment in electronic commerce. In line with the PKI development, an ETA could provide the appointment of a Controller of Certification Authorities (CAs) to enable regulations to be made for the licensing of CAs including cross-certification of foreign CAs. Liability of service providers � service providers will not be subject to criminal or civil liability for such third- party material.

4. Consumer Protection and Privacy Important so that consumers trust environment and transact online A level of transparency for businesses New technologies becoming privacy intrusive, such as WLS, developments with spam, etc Threat of cross border issues, disputes, and trade sanctions Privacy and data protection is becoming recognised as major issue/barrier to e-commerce Need for coherent policy across industries, banking, etc

5. Privacy and Data-Protection Can be provided under Constitution, Self-regulatory methods, General Law, or Technological methods (some areas) Privacy and Data-Protection Statutory Framework can cover both the Public and Private sectors Public Sector (Singapore example) Statistics Act, Electronic Transactions Act, Official Secrets Act, etc.

6. Private Sector Computer Misuse Act Telecommunications Act and Telecommunications Competition Code Banking Act etc

7. Industry Self-Regulation A Possible Solution

8. Self Regulatory (Codes of Practices) Regulate the professional conduct of members Provide Mechanisms for complaints handling and dispute resolution Examples of Such Codes Direct Marketing Associations National Associations; of Travel Agents, etc In Australia, you have the Telecommunications Ombudsman Maldives � Chamber of Commerce?

9. A Possible Model� An Electronic Commerce Code� which will incorporate consumer protection principles, data protection, content regulation and other aspects. How it Works A Code of Conduct is designed and administered by a compliance authority (self-regulation certification body) that grants membership upon the practices of members. Enforcement is guarded by the need for company to be a part of such a system, membership benefits, etc. Membership could be recognised by a trust symbol or status signifiying compliance of trusted principles (see BBB Online)

10. Objectives of Industry Code To encourage use of Internet for delivery of public services and e-commerce To provide minimum standards for use and management of personal information of Internet users To protect confidentiality of private communications To provide a channel for complaints handling by consumers Code could incorporate general consumer protection principles, in addition to data protection and other confidence building aspects

11. Sanctions/Compliance Dismiss complaint Give a warning to the provider Revoke or suspend the providers membership, or right of claiming membership on website Publicise non-compliance Examples Australia � Telecommunications Ombudsman (TIO.) Singapore, National Trust Council, etc business associations, etc

12. Complaints the TIO is able to investigate: In Australia, TIO funded by providers/private sector. Billing; delays and other problems in connecting new services; fault repairs;mobile telephones;transferring between service providers - delays and unauthorised transfers;credit control;privacy; staff of service providers; the installation of low-impact infrastructure; Internet access contracts;breaches of industry Codes of Practice; the Customer Service Guarantee. Other WorldWide Developments More and more countries are enacting general data protection / privacy laws. Chile, Australia, Canada, etc. Lack of Privacy is becoming significant obstacle to e-commerce, approx. USD$2.8 b lost in 1999 (US studies) Development of Industry-led initiatives worldwide In 1995 the European Union (EU) adopted the 95/46/EC Directive on the Protection of Individuals with regard to the Processing of Personal Data and on the Free Movement of such Data.

13. The Point: ? Leverage on industry-led activities (codes, etc) ? Study/discuss the law, such as Consumer Laws etc (Comprehensive/ Sectoral?) ? Create awareness and educate players ? Set Up Study Group, National Advisory Council for Internet-related Issues such as privacy, consumer protection, spam, domain names, etc ? Examine practices and issues across the industries, i.e. banking, Internet, statistics, e-government, etc. ? Draw on best-practices.

14. Resources WIPO Electronic Commerce�-�http://ecommerce.wipo.int/index-eng.html Information regarding WIPO's program of work and activities concerning electronic commerce. The site is maintained in English, French and Spanish.� Uniform Electronic Transactions Act - The ETA Forum�-�http://www.webcom.com/legaled/ETAForum/ A forum for lawyers and nonlawyers who wish to follow or comment on the draft Electronics Transactions Act as it is being written.� E-Commerce Law Source.Com�-�http://www.e-commercelawsource.com Global Monitor and Resource providing worldwide news, comprehensive information, and current developments in e-commerce law, taxation and Rights Management. Includes E-Commerce Lawyers Network and E-Commerce Industry Registry.� New Zealand Government Electronic Commerce Site�-�http://www.ecommerce.govt.nz/ Resource containing information on electronic commerce, including law, trade, tax, privacy, consumer protection, and help for businesses.� The United Nations Model Law�-�http://www.webcom.com/~pjones/model.html Commentary on the laws that will bridge the legalities of paper oriented laws to electronic commerce� Electronic Commerce Legal Issues Platform�-�http://www.jura.uni-muenster.de/eclip/default.htm ECLIP offers help and information on changes and news concerning electronic commerce and law.� Digital Signature Law Survey�-�http://rechten.kub.nl/simone/DS-LAWSU.htm Survey of digital signature legislation initiatives undertaken by different countries, U.S. states, and international organizations.� Global E-Commerce Law�-�http://www.bmck.com/ecommerce/articles.htm Articles, reports, and studies on E-commerce regulations.�

15. Discussion Thank You! Isa Seow APDIP