Publication date: 15.07.2024
Legal regulation of e-commerce in Ukraine
Introduction
E-commerce is an important element of the modern economy, providing convenience and efficiency of trading goods and services via the Internet. The legal regulation of e-commerce in Ukraine includes a number of legal acts that set out requirements for entering into electronic contracts, consumer protection, personal data processing and information protection. In this article, we will review the main aspects of legal regulation of e-commerce in Ukraine.
Legal framework
The Constitution of Ukraine
The Constitution of Ukraine guarantees the right to freedom of entrepreneurship and consumer protection, which is the basis for legal regulation of e-commerce.
The Law of Ukraine "On Electronic Commerce"
This law is the main legal act regulating relations in the field of e-commerce. The law defines the legal basis for electronic transactions, the rights and obligations of e-commerce entities, the procedure for entering into electronic contracts, and information security requirements.
Law of Ukraine "On Protection of Consumer Rights"
This law regulates the protection of consumer rights in the field of e-commerce, including the right to receive reliable information about goods and services, the right to withdraw from a contract, the right to return goods of inadequate quality and other consumer rights.
Law of Ukraine "On Electronic Documents and Electronic Document Management"
This law establishes the legal basis for the use of electronic documents and electronic document management, including requirements for electronic signatures, storage of electronic documents and organisation of electronic document management.
Law of Ukraine "On Protection of Personal Data"
This law regulates the processing and protection of personal data, which is an important aspect of e-commerce, as personal data of consumers are processed when entering into electronic transactions.
Key aspects of legal regulation
Conclusion of electronic contracts
Definition of an electronic contract
An electronic agreement is an agreement concluded in electronic form using information and telecommunication systems. The Law of Ukraine "On Electronic Commerce" recognises electronic contracts as equivalent to paper documents signed with a handwritten signature.
The procedure for entering into electronic contracts
- Offer: the seller posts information about goods or services on a website or other information and telecommunications system, which is an offer to enter into an agreement.
- Acceptance: the buyer accepts the offer by filling in the order form and confirming his/her agreement to the terms of the contract.
- Electronicsignature: an electronic signature is used to confirm the parties' agreement to the terms of the contract. The law recognises an electronic signature as legally binding.
Protection of consumer rights
Information about goods and services
Sellers are obliged to provide consumers with complete and accurate information about goods and services, including their characteristics, price, delivery terms, warranties and other important aspects. This ensures the right of consumers to be informed and make informed decisions.
The right to withdraw from a contract
Consumers have the right to withdraw from an electronic contract within 14 days of receiving the goods or entering into a service agreement without giving any reason. Sellers are obliged to refund the money paid to consumers within 14 days from the date of receipt of the notice of cancellation.
Return of goods of inadequate quality
Consumers have the right to return goods of inadequate quality or to exchange such goods. Sellers are obliged to provide free elimination of defects in the goods or a refund.
Protection of personal data
Collection and processing of personal data
Sellers are obliged to collect and process personal data of consumers in accordance with the Law of Ukraine "On Personal Data Protection". This includes obtaining consent to data processing, ensuring the confidentiality and security of data, providing consumers with access to their personal data and the ability to correct or delete it.
Confidentiality.
Sellers are obliged to ensure the confidentiality of consumers' personal data and take technical and organisational measures to protect data from unauthorised access, loss or disclosure.
Protection of information
Security of electronic communications
Sellers are required to ensure the security of electronic communications and information systems used for e-commerce. This includes protection against cyber threats, the use of encryption, the implementation of access control systems and other security measures.
Electronic document management
Sellers are required to ensure that electronic documents are stored in accordance with the requirements of the law. This includes the use of electronic signatures, archiving of documents and ensuring their accessibility within the established timeframe.
Liability for violation of the law
Administrative liability
Administrative liability is provided for violations of e-commerce legislation. This may include imposing fines on sellers for failure to provide accurate information, violation of consumer rights, non-compliance with personal data protection requirements and other violations.
Criminal liability
Criminal liability is provided for in case of committing e-commerce crimes, such as fraud, unauthorised access to information systems, personal data theft, etc.
Civil liability
Consumers have the right to seek compensation for damages caused by e-commerce violations by filing lawsuits in court. This may include compensation for material and non-pecuniary damages caused by inadequate quality of goods, violation of consumer rights or processing of personal data.
Conclusion.
The legal regulation of e-commerce in Ukraine covers a wide range of issues, including the conclusion of electronic contracts, consumer protection, personal data processing and information protection. The legislation establishes clear requirements and protection mechanisms that promote the development of e-commerce, consumer rights and online security. Compliance with these requirements is important for building trust between sellers and consumers, as well as for ensuring legal protection of e-commerce market participants.
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