Publication date: 07.06.2024
Legal regulation of e-commerce in Ukraine
Introduction
E-commerce in Ukraine is growing rapidly, becoming an integral part of the country's economic life. With the development of digital technologies, there is a need to create proper legal regulation that would ensure consumer protection, transaction security and facilitate business development. In this article, we will analyze the main aspects of legal regulation of e-commerce in Ukraine.
Legal framework
The main legal acts regulating e-commerce in Ukraine include:
- The Law of Ukraine "On Electronic Commerce": Defines the legal framework for e-commerce, regulates relations between e-commerce entities, and sets requirements for electronic documents and electronic signatures.
- The Law of Ukraine "On Protection of Consumer Rights": Contains provisions related to consumer protection in the field of e-commerce.
- The Law of Ukraine "On Electronic Trust Services": Regulates the provision of electronic trust services, including the use of electronic signatures and seals.
- The Civil Code of Ukraine: Defines the general principles of concluding and performing contracts, including contracts concluded in electronic form.
Conclusion of electronic contracts
One of the key features of e-commerce is the ability to enter into contracts in electronic form. According to the law, an electronic agreement has the same legal force as an agreement concluded in writing. The main requirements for entering into electronic contracts include:
- Identification of the parties: To conclude an electronic contract, it is necessary to ensure the identification of the parties using electronic signatures or other means of electronic identification.
- Electronic signature: The use of an electronic signature is a prerequisite for ensuring the legal validity of an electronic contract.
- Storage of electronic documents: Electronic documents must be stored in a manner that ensures their integrity and accessibility for the period of time required by law.
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Protection of consumer rights
Ukrainian legislation provides for a number of measures to protect consumer rights in the field of e-commerce:
- The right to information: Consumers have the right to receive complete and accurate information about goods and services offered in e-commerce.
- The right to return the goods: Consumers have the right to return the product within 14 days of receiving it without giving any reason.
- Protection of personal data: E-commerce companies are required to ensure the protection of personal data of consumers in accordance with the Law of Ukraine "On Personal Data Protection".
Challenges and prospects
Despite significant progress in the legal regulation of e-commerce, there are still some challenges that need to be addressed:
- Cybersecurity: Ensuring cybersecurity is a key challenge for e-commerce, as cyberattacks can lead to significant financial and reputational losses.
- Cross-border trade: Questions arise regarding the regulation of cross-border e-commerce, including taxation and customs compliance.
- Adaptation of legislation: The need to constantly update legislation due to the rapid development of technology and new business models.
