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Ching-Wen Chen

E-commerce Law and Ethics

Translated from Chinese (Simplified) to English - www.onlinedoctranslator.com

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Unit Outline

  • 1.E-commerce related laws and regulations
  • 2.Privacy and Data Security
  • 3.Intellectual Property and Copyright Issues
  • 4.Ethical Issues in E-Commerce

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1.E-commerce related laws and regulations

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E-commerce LawOverview

  • With the rapid development of e-commerce, countries have formulated corresponding laws and regulations.
  • Purpose:
    • Regulate e-commerce activities,
    • Protecting consumer rights,
    • Maintain market order.
  • These laws involve
    • Contract Law,
    • Consumer Protection Act,
    • Data Protection Law
    • electronic signature law.

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Main contents of e-commerce law

  • Legal effect of the contract:
    • In e-commerce,A contract signed over the Internet has the same legal effect as a traditional paper contract.Electronic contracts are usually confirmed by electronic signatures.
  • Consumer Protection:
    • The law stipulates the responsibilities of e-commerce platforms and sellers, such as the authenticity of product information, after-sales service guarantees and return and exchange policies.Protecting the legitimate rights and interests of consumers.
  • Electronic payment regulations:
    • Payment activities in e-commerce need to comply with relevant financial laws and regulations, includingPayment security and fund settlementAnd other aspects of requirements.
  • Data Protection:
    • When conducting e-commerce activities, companies must comply with data protection laws.Ensure the security of users' personal data and prevent data leakage and abuse.

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Comparison of e-commerce laws in various countries

  • There are differences in e-commerce laws between countries. For example,
  • (1).EU
    • General Data Protection Regulation (GDPR)
    • Strict requirements for data protection,
  • (2).America
    • More reliance on industry self-discipline
    • The laws of the states of the federation.
  • When engaging in cross-border e-commerce, companies need to understand and comply with the legal regulations of the target market.

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2.Privacy and Data Security

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The importance of privacy protection

  • In e-commerce,
    • Consumers’ personal information,include
    • Name, address, payment information,
    • are collected and stored.
  • Privacy Protection
    • It is not only about the basic rights of consumers,
    • It is also the basis for building consumer trust.
  • The leakage or misuse of private data may lead to severe legal consequences and business losses.

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Data security challenges

  • Data Leakage:
    • Hacker attacks, insider abuse,Technical vulnerabilities
    • All of these may lead to data leakage, bringing risks to consumers and businesses.
  • Data storage and transmission:
    • Enterprises need to ensure that data is stored and transmittedTake encryption measuresto prevent unauthorized access.
  • Data minimization principles:
    • Companies should collect and process only the minimum amount of data necessary to achieve their business purposes.Avoid excessive collection of consumer information.

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Privacy Protection Laws

  • GDPR:
    • EU General Data Protection Regulation
    • It provides detailed regulations on how companies collect, process and store personal data.
    • Violations of this law will result in severe fines.
  • CCPA:
    • California《Consumer Privacy Act》
    • Require companies to collect and process consumer data
    • Follow the principles of transparency and consent.

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Data protection measures for enterprises

  • Encryption technology:
    • For storage andEncrypt sensitive data in transit, ensuring the confidentiality and integrity of data.
  • Access Control:
    • Restrict access to sensitive data, ensuring that only authorized employees can access and process the data.
  • Regular audit and monitoring:
    • Enterprises should regularly conductSecurity Audit and Monitoring,to detect and patch potential security vulnerabilities.

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3.Intellectual Property and Copyright Issues

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Intellectual PropertyIPImportance

  • In e-commerce,Intellectual Property (IP)protect
  • IP:Intellectual Property
  • include
    • Trademarks,
    • Patents,
    • Copyright.
  • These rights protect innovation and brand value and prevent others from using a company's ideas and technologies without authorization.

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Scope of copyright protection

  • Text and images:
    • Website content, product descriptions, images and videos
    • AllCopyright protection. Unauthorized use may constitute copyright infringement.
  • Software and Code:
    • E-commerce sites useSoftware and CodealsoCategory of copyright protectionPlagiarism or unauthorized use may lead to legal consequences.
  • Trademarks and Patents:
    • CorporateTrademarks and PatentsIt plays an important role in e-commerce, protecting brand image and technological innovation from infringement.

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Consequences of Infringement

  • Legal proceedings:
    • Copyright or intellectual property infringement may result in a business being sued.Faced with high compensation.
  • Brand damage:
    • Infringement may damage a company's reputation and reduce consumers' trust in the brand.
  • Economic losses:
    • Infringement can result in lost sales or even force a company to withdraw its products.

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Copyright Protection Measures

  • Registered Trademarks and Patents:
    • Enterprises shouldRegister trademarks and apply for patents in a timely manner, to ensure legal protection.
  • Monitoring and Enforcement:
    • Enterprises should activelyMonitoring the market, and take legal action promptly when infringement is discovered.
  • Copyright Notice:
    • Clearly mark copyright information on your website and products, remind others not to use it without authorization.

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4.Ethical Issues in E-Commerce

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Importance of business ethics

  • With the rapid development of e-commerce, business ethics issues are becoming increasingly important.
  • Businesses should not only comply with the law but also demonstrate ethical responsibility in their operations to maintain social trust and sustainable development.

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Common ethical issues

  • False propaganda:
    • Using exaggerated or false information to attract consumers, such as false price quotes or misleading advertising, is not only unethical, but may also be illegal.
  • Privacy Invasion:
    • passExcessive collection or use of consumer personal data without consent, violating consumers’ privacy rights.
  • Environmental impact:
    • E-commerce activities generatePackaging waste and carbon emissionsThis puts pressure on the environment and companies should consider their environmental responsibilities.

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The practice of moral responsibility

  • Integrity Management:
    • Enterprises should provide true and accurate product and service information to avoid misleading consumers.
  • Transparent data processing:
    • Respect consumers' privacy rights, clearly inform them of the purpose of data collection and obtain their explicit consent.
  • Sustainable Development:
    • Adopting sustainable practices in operations,Such as using environmentally friendly materials and reducing carbon footprint, and encourage consumers to participate in environmental protection activities.

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Case Study: The Impact of Unethical Behavior

  • Certain unethical behaviors of e-commerce platforms may lead to serious consequences.
  • For example:
    • Some platforms were subject to legal sanctions for selling counterfeit and substandard products and lost the trust of a large number of consumers, ultimately leading to a decline in business.
    • These cases highlight the importance of ethical responsibility in business success.

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Conclusion

  • E-commerce legal and ethical issues are important aspects that enterprises cannot ignore in their operations.
  • Compliance with relevant laws and regulations can not only avoid legal risks, but also enhance consumer trust and improve brand image.
  • At the same time, companies should actively assume social responsibility, practice business ethics, and promote the sustainable development of e-commerce.
  • With globalization and technological advancement, the legal and ethical challenges facing businesses will become increasingly complex.
  • Only by constantly learning and adapting, can we stand out in the fiercely competitive market.