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E-Commerce Law in Developing Countries: An Indian Perspective
Authors:C M Abhilash
Abstract:Following the United Nations Commission on International Trade Law (UNCITRAL) Model Law on E-Commerce, the Government of India enacted the Information Technology Act in June 2000. The Act facilitates E-commerce and E-Governance in the country. The Act also establishes a regulatory framework and lays down punishment regimes for different cyber crimes and offences. The problems generally faced by developing countries render it more difficult to effectively implement such 'high tech' legislation as envisaged by the Model law. This article is divided into three parts. The first gives a brief introduction to the Model law and an overview of the Information Technology Act. The second part points out the main differences in the Model law and the Information Technology Act regarding the provisions relating to Electronic signatures and E-contracts. The final part addresses the difficulties that might arise while implementing the Act in a social and economic context and stresses the need to promote electronic governance. It is argued that the lack of adequate training of law enforcement personnel leads to undesirable results, as demonstrated in the 'first landmark case' in the history of cyber crimes in India.
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