THE LEGAL FRAMEWORK FOR E-COMMERCE IN MALAYSIA



The legal framework for e-commerce in Malaysia primarily consists of several key pieces of legislation that govern various aspects of online transactions. These laws aim to protect the interests of consumers, promote fair trade practices, and establish a secure and trustworthy environment for e-commerce activities. Here are some important laws and regulations related to e-commerce in Malaysia:

1. Electronic Commerce Act 2006: This act provides legal recognition and regulation for electronic transactions, electronic contracts, and digital signatures. It establishes the legal validity and enforceability of electronic records and signatures in commercial transactions.

2. Consumer Protection Act 1999: This act protects consumers' rights and interests in e-commerce transactions. It prohibits unfair practices, such as misleading advertisements, false claims, and unfair contract terms. It also covers issues related to product safety, warranties, and remedies for consumers.

3. Personal Data Protection Act 2010 (PDPA): The PDPA regulates the processing of personal data in Malaysia. It requires e-commerce businesses to obtain consent when collecting and processing personal information from customers. It also sets out guidelines for data retention, security measures, and individuals' rights to access and correct their personal data.

4. Communications and Multimedia Act 1998 (CMA): The CMA regulates the communications and multimedia industry in Malaysia, including e-commerce activities. It covers aspects such as licensing requirements for online service providers, network and content regulations, cybersecurity provisions, and protection of user privacy.

5. Sale of Goods Act 1957: This act governs contracts for the sale of goods, including those conducted through e-commerce platforms. It sets out the rights and obligations of buyers and sellers, including issues related to product quality, delivery, and warranties.

6. Competition Act 2010: The Competition Act promotes fair competition in the market by prohibiting anti-competitive agreements, abuse of dominant positions, and mergers that may substantially lessen competition. It ensures that e-commerce businesses compete fairly and do not engage in anti-competitive practices.

Apart from these laws, there may be additional regulations and guidelines specific to certain industries or sectors, such as financial services, telecommunications, and intellectual property, which may also impact e-commerce activities in Malaysia.

Comments

  1. Anonymous21 July 2023 at 09:09

    Are the existing law adequate?

    ReplyDelete
    Replies
    1. Dr Mohd Bahrin Othman24 July 2023 at 09:07

      Need to re-examine the law from time to time as the technology changes rapidly.

      Delete
  2. Mohd Affandy22 July 2023 at 12:34

    Thank you Dr for the info

    ReplyDelete
  3. Anonymous22 July 2023 at 12:37

    Nice info dr..tq for sharing

    ReplyDelete
  4. Anonymous23 July 2023 at 14:37

    Tq Dr for sharing

    ReplyDelete
  5. Dr Mohd Bahrin Othman24 July 2023 at 09:07

    Hope it benefitted you in your learning

    ReplyDelete

Post a Comment

Popular posts from this blog

ETHICAL DUTIES & RESPONSIBILITIES OF LAWYERS

To serve their clients faithfully, diligently & honestly. To understand that lawyers owe a duty to the public in particular in the arrears of constitutional rights, human rights & legal aid. To maintain high standards of professional & personal integrity, good faith, sensibility, fairness & courtesy. To uphold the rule of law & the good reputation of the profession. 4 separate duties to:              (A)   Client - contract, tort, a fiduciary to his client (B)    Court – not to willfully concealing authorities; misleading the judge; conflict of interest (C)    Opponent(s) - good conduct & professional ethics; integrity & good standing of the profession (D)   Public- To observe, assist in and carry out the duties that have been imposed on the Bar by Parliament
Read more

LEGAL RISKS IN E-COMMERCE DEALINGS

Image
I n electronic commerce, commonly known as e-commerce, there are several legal risks that businesses and consumers need to be aware of: 1. Contractual Issues: E-commerce transactions rely on contracts, which may be subject to various legal issues such as contract formation, offer and acceptance, terms and conditions, and enforceability. It is important to ensure that online contracts are properly drafted, clear, and legally binding. 2. Intellectual Property Infringement: E-commerce platforms often involve the sale or distribution of digital content, products, and services. There is a risk of infringing on intellectual property rights, such as copyrights, trademarks, and patents. Businesses need to be cautious and respect the intellectual property rights of others. 3. Privacy and Data Protection: E-commerce involves the collection, storage, and use of personal data. Businesses must comply with applicable data protection and privacy laws to safeguard customer information. This includes o...
Read more

REMOTE SENSING

Remote sensing : Capabilities and Legal Issues Mohd Bahrin Othman, (2000) Remote sensing : Capabilities and Legal issues. Jurnal Undang-undang, 4 . ISSN 1394-7729 Full text not available from this repository. Official URL: http://www.ukm.my/juu/fuujurnal/index.php Abstract Principle 1(a) of United Nation Principles Relating to Remote Sensing of the Earth From Space defined the term ‘Remote Sensing’ as the sensing of the earth’s surface from space by making use of the properties of electromagnetic waves emitted, reflected or diffracted by the sensed objects, for the purpose of improving natural resources management, land use and the protection of environment need. Many areas of human activity have benefited from sensing activities: monitoring of the global environment, archeologists to address issues in human settlement, environmental interaction and climate change, the monitoring of agricultural growth patens and diseases and not forgetting, the military activities. Remote sensing ac...
Read more