នីតិអសន្យាណូពាណិជ្ជកម្ម(អេឡិកត្រូនិក)
សេចក្តីព្រាងច្បាប់ Law on E-Commerce (Khmer, English) pdf (13 December 2007 )
(ប្រភព ៖ គេហទំព័ររបស់ក្រសួងពាណិជ្ជកម្ម)
source: http://en.wikipedia.org/wiki/E_commerce
From Wikipedia, the free encyclopedia(Redirected from E commerce)
Electronic commerce, commonly known as e-commerce, ecommerce, eCommerce or e-comm, refers to the buying and selling of products or services over electronic systems such as the Internet and other computer networks. However, the term may refer to more than just buying and selling products online. It also includes the entire online process of developing, marketing, selling, delivering, servicing and paying for products and services. The amount of trade conducted electronically has grown extraordinarily with widespread Internet usage. The use of commerce is conducted in this way, spurring and drawing on innovations in electronic funds transfer, supply chain management, Internet marketing, online transaction processing, electronic data interchange (EDI), inventory management systems, and automated data collection systems. Modern electronic commerce typically uses the World Wide Web at least at one point in the transaction’s life-cycle, although it may encompass a wider range of technologies such as e-mail, mobile devices and telephones as well.
A large percentage of electronic commerce is conducted entirely in electronic form for virtual items such as access to premium content on a website, but mostly electronic commerce involves the transportation of physical items in some way. Online retailers are sometimes known as e-tailers and online retail is sometimes known as e-tail. Almost all big retailers are now electronically present on the World Wide Web.
Electronic commerce that takes place between businesses is referred to as business-to-business or B2B. B2B can be open to all interested parties (e.g. commodity exchange) or limited to specific, pre-qualified participants (private electronic market). Electronic commerce that takes place between businesses and consumers, on the other hand, is referred to asbusiness-to-consumer or B2C. This is the type of electronic commerce conducted by companies such as Amazon.com.Online shopping is a form of electronic commerce where the buyer is directly online to the seller’s computer usually via the internet. There is often no intermediary service involved, and the sale or purchase transaction is completed electronically and interactively in real-time. However in some cases, an intermediary may be present in a sale or purchase transaction, or handling recurring or one-time purchase transactions for online games.
Electronic commerce is generally considered to be the sales aspect of e-business. It also consists of the exchange of data to facilitate the financing and payment aspects of business transactions.
Contents
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[edit]History
[edit]Early development
Originally, electronic commerce was identified as the facilitation of commercial transactions electronically, using technology such as Electronic Data Interchange (EDI) and Electronic Funds Transfer (EFT). These were both introduced in the late 1970s, allowing businesses to send commercial documents like purchase orders or invoices electronically. The growth and acceptance of credit cards, automated teller machines (ATM) and telephone banking in the 1980s were also forms of electronic commerce. Another form of e-commerce was the airline reservation system typified by Sabre in the USA and Travicom in the UK.
From the 1990s onwards, electronic commerce would additionally include enterprise resource planning systems (ERP), data mining and data warehousing
In 1990, Tim Berners-Lee invented the WorldWideWeb web browser and transformed an academic telecommunication network into a worldwide everyman everyday communication system called internet/www. Commercial enterprise on the Internet was strictly prohibited by NSF until 1995.[1] Although the Internet became popular worldwide around 1994 with the adoption of Mosaic web browser, it took about five years to introduce security protocols and DSL allowing continual connection to the Internet. By the end of 2000, many European and American business companies offered their services through the World Wide Web. Since then people began to associate a word “ecommerce” with the ability of purchasing various goods through the Internet using secure protocols and electronic payment services.
[edit]Timeline
- 1979: Michael Aldrich invented online shopping[2]
- 1981: Thomson Holidays, UK is first B2B online shopping[citation needed]
- 1982: Minitel was introduced nationwide in France by France Telecom and used for online ordering.
- 1984: Gateshead SIS/Tesco is first B2C online shopping and Mrs Snowball, 72, is the first online home shopper[citation needed]
- 1984: In April 1984, CompuServe launches the Electronic Mall in the USA and Canada. It is the first comprehensive electronic commerce service.[3]
- 1985: Nissan UK sells cars and finance with credit checking to customers online from dealers’ lots.[citation needed]
- 1987: Swreg begins to provide software and shareware authors means to sell their products online through an electronic Merchant account.[citation needed]
- 1990: Tim Berners-Lee writes the first web browser, WorldWideWeb, using a NeXT computer.
- 1992: Terry Brownell launches first fully graphical, iconic navigated Bulletin board system online shopping using RoboBOARD/FX.
- 1994: Netscape releases the Navigator browser in October under the code name Mozilla. Pizza Hut offers online ordering on its Web page. The first online bank opens. Attempts to offer flower delivery and magazine subscriptions online. Adult materials also become commercially available, as do cars and bikes.Netscape 1.0 is introduced in late 1994 SSL encryption that made transactions secure.
- 1995: Thursday 27 April 1995, the purchase of a book by Paul Stanfield, Product Manager for CompuServe UK, from W H Smith’s shop within CompuServe’s UK Shopping Centre is the UK’s first national online shopping service secure transaction. The shopping service at launch featured WH Smith, Tesco, Virgin/Our Price, Great Universal Stores/GUS, Interflora, Dixons Retail, Past Times, PC World (retailer) and Innovations.[4]
- 1995: Jeff Bezos launches Amazon.com and the first commercial-free 24 hour, internet-only radio stations, Radio HK and NetRadio start broadcasting. Delland Cisco begin to aggressively use Internet for commercial transactions. eBay is founded by computer programmer Pierre Omidyar as AuctionWeb.
- 1998: Electronic postal stamps can be purchased and downloaded for printing from the Web.
- 1998: Alibaba Group is established in China. And it leverage China’s B2B and C2C, B2C(Taobao) market by its Authentication System.
- 1999: Business.com sold for US $7.5 million to eCompanies, which was purchased in 1997 for US $149,000. The peer-to-peer filesharing software Napsterlaunches. ATG Stores launches to sell decorative items for the home online.
- 2000: The dot-com bust.
- 2001: Alibaba.com achieved profitability in December 2001.
- 2002: eBay acquires PayPal for $1.5 billion.[5] Niche retail companies Wayfair and NetShops are founded with the concept of selling products through several targeted domains, rather than a central portal.
- 2003: Amazon.com posts first yearly profit.
- 2004: DHgate.com, China’s first online b2b transaction platform, is established, forcing other b2b sites to move away from the “yellow pages” model.[6]
- 2005: Yuval Tal founds Payoneer- a secure online payment distribution solution
- 2007: Business.com acquired by R.H. Donnelley for $345 million.[7]
- 2009: Zappos.com acquired by Amazon.com for $928 million.[8] Retail Convergence, operator of private sale website RueLaLa.com, acquired by GSI Commerce for $180 million, plus up to $170 million in earn-out payments based on performance through 2012.[9]
- 2010: Groupon reportedly rejects a $6 billion offer from Google. Instead, the group buying websites plans to go ahead with an IPO in mid-2011.[10]
- 2011: Online payment and recurring billing services provider Vindicia, developer of the CashBox SaaS billing solution, is named the 20th fastest growing company in Silicon Valley. [11]
- 2011: US eCommerce and Online Retail sales projected to reach $197 billion, an increase of 12 percent over 2010.[12] Quidsi.com, parent company ofDiapers.com, acquired by Amazon.com for $500 million in cash plus $45 million in debt and other obligations.[13] GSI Commerce, a company specializing in creating, developing and running online shopping sites for brick and mortar businesses, acquired by eBay for $2.4 billion.[14]
E-commerce
ប្រភព៖ http://lexinter.net/JF/commerce_electronique.htm
Electronic commerce is defined by the Article 14 of the Act of June 21, 2004 as “ economic activity by which a person offers or provides remote and electronic delivery of goods or services . “ . The law adds consideration also in the field of e-commerce services such as those of providing online information, marketing communications and research tools, access and retrieval, access to a network communication or accommodation information, including when they are not remunerated by those who receive them.
Electronic commerce includes commerce on the Internet (also known as e-commerce) and business to business (on networks for electronic data interchange [EDI], and by mobile commerce (m told trade).
Property in France
A person is regarded as being established in France under the French law on electronic commerce when it is installed in a stable and sustainable exercise effectively its business, whatever, in the case a corporation, the location of its headquarters.
RESPONSIBILITY OF E-COMMERCE WITH RESPECT TO THE BUYER ON THE INTERNET
LAW APPLICABLE TO ELECTRONIC COMMERCE
8 JUIN 2000 DIRECTIVE ON ELECTRONIC COMMERCE
Directive on privacy and electronic communications of 12 July 2002
. LOI_DU_21_JUIN_2004_POUR_LA_CONFIANCE_DANS_L’ECONOMIE_NUMERIQUE
LIABILITY OF COMMERCE WITH REGARD TO THE BUYER ON THE INTERNET
Responsibility of e-commerce with respect to the buyer on the internet
The Article 15 of the Act of June 21, 2004 ( Article L. 121-20-3 of the Consumer Code) provides that electronic commerce is strictly liable in respect of the purchaser to the proper performance of obligations under the contract, that these obligations are to be performed by itself or by other service providers, without prejudice to its right of recourse against them. However, it may be exempt from all or part of its responsibility demonstrating that non-performance or improper performance of the contract is attributable to the purchaser or to the unforeseeable and unavoidable, a third party unconnected with the provision of benefits under the contract, or an event of force majeure .
FREEDOM OF COMMERCE
The e commerce freely exercised in France with the exception of the following: 1 ° gambling, including the form of paris and lotteries, authorized by law;2 ° representational activities and assistance justice; 3 The activities of the notaries under the provisions of Article 1 of Ordinance No. 45-2590 of 2 November 1945 concerning the status of notaries. In addition to e-commerce business, when is exercised by persons established in a Member State of the European Community other than France, is subject to: 1 ° The provisions freedom of establishment and freedom to provide services within the European Community in the insurance provided for in Articles L. 361-1 to L. 364-1 of the Insurance Code; 2 Provisions relating to advertising and solicitation of undertakings for collective investment in transferable securities, provided for in Article L. 214-12 of the Monetary and Financial Code; 3 Provisions relating to competitive practices and economic concentration, in Parts II and III of Book IV of the Commercial Code; 4 ° provisions on the prohibition or the authorization of unsolicited advertising e-mailed, 5 ° Provisions of the General Tax Code, 6 ° of the rights protected by the Code of intellectual property.
APPLICABLE law TO ELECTRONIC COMMERCE
Under the article 17 of the Act of June 21, 2004 , e-commerce activity is subject to the law of the Member State in whose territory the person exercising is established, subject to the common intention that person and that are intended to goods or services. The application of this provision may result in: 1 ° deprive a consumer habitually resident in the national territory of the protection afforded by the mandatory provisions French law relating to contractual obligations, in accordance with international commitments of France. For the purposes of this section, the provisions relating to contractual obligations include provisions for elements of the contract, including those that define the rights of consumers who have a decisive influence on the decision to contract; 2 ° waive the rules of the form mandatory under French law for contracts creating or transferring rights in real property located within the national territory; 3 ° waive the rules determining the law applicable to insurance contracts for risks located in the territory of one or more States Parties to the Agreement on the European Economic Area and the commitments made therein, provided for in Articles L. 181-1 to L. 183-2 of the Insurance Code.
ELECTRONIC CONTRACTS
COMPUTER LAW LAW OF THE INTERNET
The contracts of e-commerce are distance contracts. They are structurally contracts of adhesion .
The contract is based on an electronic signature . It is usually accompanied by an online payment, usually by credit card.
Electronic commerce is a new means of distribution.
The Act of June 21, 2004 filed in the Civil Code the following provisions concerning the exchange of information in the event of contract in electronic form
electronically can be used to provide contractual terms or information about goods or services (Article 1369-1)The information requested for the conclusion of a contract or those made in its implementation may be sent by electronic mail if the recipient has accepted the use of this medium. (Article 1369-2)
Information for a professional may be addressed by e-mail, since it has provided email address.
If this information must be made on a form, it is set, electronically available to the person to fill it (Article 1369-3)CONCLUSION OF CONTRACT ELECTRONICS
The Act of June 21, 2004 filed in the Civil Code specific provisions on the conclusion of electronic contract
Supply and availability of contract terms
Article 1369-4 of the Civil Code provides that
Anyone who offers, in a professional capacity, electronic supply of goods or services, provides the contractual conditions applicable in a manner that allows their conservation and reproduction. Without prejudice to the validity conditions mentioned in the offer, the author will be bound by it as it is available electronically by him.
The offer also states:
1 º The steps to follow to conclude the contract by electronic
2 ° the technical means to the user, before the conclusion of the contract, to identify errors in data entry and correct them;
3 º The languages offered for the conclusion of the contract;
4 º If archiving the contract, the terms of this filing by the offeror and the conditions for access to archived contract;
5 º means to consult electronically with professional rules and trade which the offeror intends the where appropriate, to submit.Acceptance and acknowledgment of receipt of the order
The Article 1369-5 of the Civil Code provides that
For the contract is validly concluded, the offeree must have had the opportunity to verify the details of the order and its total price, and to correct any errors, before confirming it to express its acceptance.
The offeror shall acknowledge receipt without undue delay and by electronic command that has been well addressed.
The order, confirmation of the acceptance of the offer and the receipt shall be deemed received when the parties to whom they are addressed are able to access.
Article 1369-6 of the Civil Code provides that
An exception to the obligations referred to in 1 to 5 of section 1369-4 and the first two paragraphs of Article 1369-5 for contracts to supply goods or services which are concluded exclusively by exchange of letters electronic equipment.
It can also be waived with the provisions of Article 1369-5 and 1 to 5 of section 1369-4 in agreements between professionals.ELECTRONIC ADVERTISING
Advertising in electronic
Section 20 of the Act of June 21, 2004 provides that
All advertising in any formwhatsoever,accessible by a communication service to the public online, must be clearly identified as such. It needs to clearly identify the person or entity on whose behalf it is made. The preceding paragraph is without prejudice to provisions against misleading advertising provided for in Article L. 121-1 of the Consumer Code.
IDENTIFICATION OF ELECTRONIC MAIL ADVERTISING
The Act of June 21, 2004 introduced in the Consumer Code provisions on transparency requirements for advertising by e-mail
Commercials, including promotional offers, such as discounts, bonuses or gifts, and promotional contests or games, e-mailed, must be identified clearly and unequivocally upon receipt by the addressee or in case of technical impossibility, in the message body. Notwithstanding repressing misleading advertising provided for in Article L. 121-1, the conditions are subject to the possibility of receiving promotional offers as well as to participate in contests and promotional games where such offers, contests or games are offered electronically, must be clearly identified and easily accessible. These provisions also apply to advertisements, offers, competitions or games for professionals. ”Violations of these provisions of Articles L. 121-15-1 and L. 121-15-2 are subject to the penalties provided for in Article 121-6. They are investigated and established in accordance with Article L. 121-2. Articles L. 121-3 and L. 121-4 also apply. ”
Direct marketing
Following Article 22 of the Act of June 21, 2004, article. L. 33-4-1.du the Post and Telecommunications provides the following regulations for direct marketing.
Direct marketing is prohibited by an automated call, fax or e-mail using any form whatsoever, the coordinates of an individual who has not expressed its consent to receive direct marketing in this way. ”For the purposes of this section, shall mean any consent freely given specific and informed by a person accepts that personal data being used for the purpose of prospecting direct. ”constitutes a direct marketing to send any message to promote, directly or indirectly, goods, services or image of a person selling goods or providing services. ”However, the direct marketing by mail E is allowed if the recipient information was collected directly from him, in accordance with the provisions of Law No. 78-17 of 6 January 1978 relating to computers, files and freedoms, on the occasion of a sale or delivery, whether for direct marketing of similar products or services provided by the same person or entity, and if the recipient is offered, express and unambiguous, the possibility of object, free of charge, except those related to the transmission of this refusal, and so simple to use contact information when they are collected and each time an email survey is sent to him. ”In any case, no issue, for purposes of direct marketing messages using automated calling machines, faxes and emails, without giving any valid address to which the recipient can send a useful application for that such communications cease no cost other than those related to the transmission of it. It is also illegal to conceal the identity of the person on whose behalf the communication is issued and to mention a subject unrelated to the delivery or service offered. ”The National Commission on Informatics and Liberties watch for terms of direct marketing using the coordinates of an individual in compliance with the provisions of this section by using the skills that are recognized by the law n ° 78-17 of 6 January 1978 referred to above. To this end, it may admit, by any means, complaints about breaches of the provisions of this Article.”Violations of the provisions of this section are investigated and established the conditions set by the first, third and fourth paragraphs of Article L. L. 450-1 and Articles 450-2, L. 450-3, L. 450-4, L. 450-7, L. 450-8, L. 470-1 and L. 470-5 of the Commercial Code. ”A decree of the Council of State specifies as necessary conditions for implementing this article, particularly with respect to different technologies. ”
INFORMATION BY E-MAIL
Information for a professional may be addressed by e-mail, since it has provided email address.
If this information must be made on a form, it is set, electronically available to the person to fill it ( Article 1369-3 of the Civil Code)CONCLUSION OF CONTRACTS BY E-MAIL
In regard to electronic contracts and their conclusion section 1369-6 of the Civil Code provides that
An exception to the obligations referred to in 1 to 5 of section 1369-4 and the first two paragraphs of Article 1369-5 for contracts to supply goods or services which are concluded exclusively by exchange of letters ElectronicSENDING OR DELIVERING A WRITTEN ELECTRONICALLY
Simple letter electronically
Article 1369-7 of the Civil Code
A single letter on the conclusion or execution of a contract can be sent by email.
The addition of the shipping date is the result of an electronic process whose reliability is presumed until proven otherwise, when it meets the requirements laid down by decree in Conseil d’Etat.
Letter electronically
Article 1369-8 of the Civil Code
A letter concerning the conclusion or execution of a contract can be sent by e-mail provided it is carried by one third by a process to identify the third party, to designate the sender to ensure the identity of the recipient and whether the letter was delivered to the recipient or not.
The contents of this letter, at the discretion of the sender, can be printed by the third paper to be delivered to the recipient or can be sent to it electronically. In the latter case, if the recipient is not a professional, he should have asked to send in this way or have accepted the use in previous exchanges.
When affixing the date of shipment or receiving the result of an electronic process, the reliability of it is presumed, unless proved otherwise, if it meets the requirements set by Order in Council of State.
A receipt may be sent to the sender electronically or by any other device allowing it to keep it.
The rules for implementing this Article shall be fixed by decree in Conseil d’Etat.Date of submission of a written e
Article 1369-9
Except as provided in sections 1369-1 and 1369-2, the submission of a writing in electronic form is effective when the recipient, having been able to read, acknowledged receipt.
If any provision provides that the writing must be read to the recipient, the delivery of a written mail to the person as provided in the first paragraph is worth reading.Advertising in electronic
Section 20 of the Act of June 21, 2004 provides that
All advertising in any form whatsoever, accessible by a communication service to the public online, must be clearly identified as such. It needs to clearly identify the person or entity on whose behalf it is made. The preceding paragraph is without prejudice to provisions against misleading advertising provided for in Article L. 121-1 of the Consumer Code.IDENTIFICATION OF ELECTRONIC MAIL ADVERTISING
The Act of June 21, 2004 introduced in the Consumer Code provisions on transparency requirements for advertising by e-mail Commercials, including promotional offers, such as discounts, bonuses or gifts, and promotional contests or games, e-mailed, must be identified clearly and unequivocally upon receipt by the addressee or in case of technical impossibility, in the message body. Notwithstanding repressing misleading advertising provided for in Article L. 121-1, the conditions are subject to the possibility of receiving promotional offers as well as to participate in contests and promotional games where such offers, contests or games are offered electronically, must be clearly identified and easily accessible. These provisions also apply to advertisements, offers, competitions or games for professionals. ”Violations of these provisions of Articles L. 121-15-1 and L. 121-15-2 are subject to the penalties provided for in Article 121-6. They are investigated and established in accordance with Article L. 121-2. Articles L. 121-3 and L. 121-4 also apply. ”
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