Legal Protection for Online Shoppers Part2

Consumers need to be protected from unfair trade practices such as the sale of defective products, false advertisement, false description of goods, misleading price and etc. Those consumer protection laws should evolve with the innovation of ICT.

Consumer Protection Act 1999 was amended in 2007 to cover electronic commerce transactions. This act protects consumers from misleading and deceptive conduct, unfair trade practices and false representation.  

Section 187 to 204 of Communications and Multimedia Act 1998 contains provisions on consumer protection. The provisions make it obligatory for network facilities or service providers to deal reasonably with consumers and adequately address consumer complaints (Jayabalan, 2012). 

Electronic Commerce Act 2006 merely provides legal recognition of electronic messages in commercial transactions, the use of the electronic messages to fulfil legal requirements and to enable and facilitate commercial transactions through the use of electronic means (Amin & Nor, 2013). The enactment of this act is to follow suit in implementing the UNCITRAL model law. However, this act does not cover consumer protection.

“In my opinion, Electronic Commerce Act should contain the provision on the safety of electronic transactions to protect consumers. Although cyber laws and consumer protection law have been enacted in Malaysia in line with the development of the cyberspace but exploitation of consumer’s vulnerability to unfair trade practices continues. Other than laws that protect consumers, there should have more legislation to govern online sellers. Authorities need to ensure the credibility of the online sellers. All the online sellers must follow the Consumer protection (electronic trade transactions) regulations 2012. 

Sources: 
1. Amin, N. & Nor, R. (2013). Online shopping in Malaysia: Legal Protection for E-consumers. European Journal Of Business And Management, Vol.5(No.24).
2. Jayabalan, S. (2012). E-Commerce and Consumer Protection: The Importance of Legislative Measures. 16 JUUM 93 – 101.

Legal Protection for Online Shoppers Part1

Have you shopped online before? Are you feeling safe when shopping online? We would like to share some legal information for online shoppers. 

Computer Crimes Act 1997 (CCA) addressed offences relating to unauthorised access, unauthorised modifications and wrongful communication. To some extents, CCA protects online shoppers with regard to a security of online payment.

As consumers shop online, their personal information is easily misused by the third party. Personal Data Protection Act 2010 regulates the processing of personal data involved in commercial transactions. This act protects individual personal data from being processed or disclosed without the person’s consent. 

Digital Signature Act 1997 protects consumers by providing a means for secure online transactions by using digital signatures.

There are more laws and regulations that protect online consumers will update in next post. Please stay tuned. 

“Consumers unable examine the products when they buy online. They are more vulnerable compared to traditional buyers. Thus, laws and regulations that govern online market are very important to protect consumers. The borderless online business environment makes the implementation of laws become more difficult. The local law may not be sufficient to protect consumers from cross-border online transactions. Therefore, harmonisation of legal standards among countries is important to ensure adequate protection for 
the consumers and increase consumer confidence when shopping online.”

1st September 2016 - Malaysia's First Special Cyber Court Activated Today

According to The Star online news (2016, September 1), Malaysia's first special cyber court is in operation to handle the increasing number of cyber offences. This cyber court would handle cyber offences such as bank fraud, hacking, defamation, cyber spying, online gambling, document falsification and pornography. Minister in Prime Minister's Department Datuk Seri Azalina Othman said the court is equipped with facilities to function as an e-court complete with technology-savvy judges and prosecutors. 27 judges have sent for training to enhance their knowledge and understanding of the technological tools involved in the courts. According to her, cyber courts will be set up in other states later.

" In my opinion, authorities need have a very clear direction on what type of cases will handle by this special cyber court as some cases may involve both online and offline offences. Judges, prosecutors and legal practitioners involved in the case must keep improving their Information Technology knowledge and expertise in computer forensic. Last but not least, Malaysia should strengthen the current cyber law to protect all online users from cyber crimes. "

Source:
Sira, H. (2016, September 1). Special court to handle cyber crimes cases ready for use. The Star. Retrieved from http://www.thestar.com.my/news/nation/2016/09/01/first-cyber-court-in-jalan-duta-activated/