The Incidence of Cyber Law in E-Commerce
1 Answer

The fundamentals of E-Commerce rests mainly on the legality of E-Contracts entered into between two or more parties, apart from some other civil and criminal aspects. The entire framework of the commercial world is built upon the basic tenets of contracts and legislations related with it. Nevertheless, the legislations have become archaic and incapable of accommodating the various novelties which are basic to E-Commerce. Therefore, if E-Commerce - which has the potential to become the universal medium for the conduct of commercial activities - is to take deep root in the socio commercial polity, the legislations have to be made more accommodative and sensitive to technological advancements. The incidence of Cyber Law as E-Commerce is concerned, pervades the following 4 major areas namely:

  1. The Contract Aspect
  2. The Security Aspect and
  3. The Intellectual Property Aspect
  4. The Evidential Aspect
  5. Criminal Aspect

'Cyber law' by nomenclature encompasses the whole gamut of legal, statutory and constitutional provisions that affect computers and computer networks. It concerns individuals, corporate bodies and institutions which

  • Are instrumental for entry into cyberspace
  • Provide access to cyberspace
  • Create the hardware and software which enable people to access cyberspace, and
  • Use their own computers to go 'on-line' and enter cyberspace.

In India and elsewhere, currently, Cyber Law is an undefined area of Law - an offshoot of commercial law in a state of infancy - which lacks precedence, pronounced judgements and case laws. In short this is a branch of law which has a lot of pending issues that remain to be addressed and resolved.

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