Publication date: 12.07.2024
Liability for violation of e-commerce rules
Electronic commerce (e-commerce) is developing rapidly in the modern world, providing consumers with the opportunity to purchase goods and services online. This form of commerce opens up new business opportunities, but also raises questions about compliance with legal requirements and consumer protection. Ukraine has a set of laws and regulations governing e-commerce and providing for liability for violations of the rules in this area. In this article, we will review the main aspects of liability for violation of e-commerce rules, the regulatory framework, types of violations, types of liability and the procedure for bringing to liability.
Legal framework
Liability for violation of e-commerce rules in Ukraine is regulated by several key legal acts:
TheCivil Code of Ukraine:
- Establishes general legal rules governing contractual relations, including contracts concluded in electronic form.
CommercialCode of Ukraine:
- Regulates the legal framework for business activities, including e-commerce.
TheLaw of Ukraine "On Electronic Commerce":
- Defines the legal framework for e-commerce in Ukraine, regulates the procedure for entering into electronic contracts, and sets requirements for electronic documents and electronic signatures.
Law of Ukraine "On Consumer Protection":
- Defines the legal framework for the protection of consumer rights, including users of electronic commercial services, establishes consumer rights, obligations of service providers and the procedure for handling consumer complaints.
Law of Ukraine "On Electronic Documents and Electronic Document Management":
- Regulates the legal framework for the creation, circulation and storage of electronic documents, including documents used in e-commerce.
Law of Ukraine "On Personal Data Protection":
- Establishes the legal framework for the protection of personal data of individuals processed in the course of e-commerce.
Code of Ukraine on Administrative Offences (CUAO):
- Provides for administrative liability for violation of e-commerce legislation, non-compliance with standards and rules of activity in this area.
Criminal Code of Ukraine (CCU):
- Establishes criminal liability for e-commerce offences, including fraud, forgery of electronic documents, etc.
Key e-commerce offences
The main violations of e-commerce rules may include:
Failure to comply with therequirements for entering into electronic contracts:
- The absence or incorrect execution of electronic contracts, failure to provide consumers with information about goods or services, terms and conditions of contracts.
Inadequatequality of goods or services:
- Poor quality of goods or services sold via the Internet, inconsistency with the promised characteristics, lack of necessary information about goods or services.
Violation ofconsumer rights to information:
- Failure to comply with the requirements to provide consumers with accurate, complete and understandable information on the terms and conditions of electronic commercial services, consumer rights and obligations.
Unlawful charging of payments:
- Charging for goods or services that have not been provided, or charging inflated amounts that do not correspond to actual costs.
Breach ofcontracts for electronic commercial services:
- Failure to comply with contractual terms, including payment terms, service delivery timeframes, scope of services and other aspects.
Violation of personal data processing rules:
- Failure to comply with the requirements for the protection of personal data of consumers, unauthorised collection, processing or disclosure of personal data.
Types of liability for violation of e-commerce rules
Violations of e-commerce rules can lead to various types of liability: administrative, civil and criminal.
Administrative liability:
- Administrative liability is incurred for violations of e-commerce legislation, non-compliance with standards and rules of operation. Sanctions may include fines, warnings, and temporary suspension of a business entity. Such violations are subject to fines ranging from 10 to 200 tax-free minimum incomes, and in case of repeated violations - up to 500 tax-free minimum incomes.
Civil liability:
- Civil liability arises in the event of material or moral damage to consumers as a result of improper provision of electronic commercial services. Consumers have the right to seek damages through the courts. Liability may include compensation for material damage (lost property, costs of goods or services, etc.) and non-pecuniary damage (psychological stress, humiliation).
Criminal liability:
- Criminal liability is incurred for e-commerce crimes such as fraud, forgery of electronic documents, and unlawful use of personal data. Sanctions may include fines, imprisonment, and prohibition to engage in certain activities. Such violations are punishable by fines of 500 to 2,000 tax-free minimum incomes or imprisonment for up to 10 years.
Procedure for bringing to liability
The procedure for holding e-commerce entities liable for violating the rules depends on the type of violation and the form of liability:
Administrative procedure:
- Administrative offences may be detected during inspections by regulatory authorities (the State Service of Ukraine for Consumer Protection, local self-government bodies) or following consumer complaints. If violations are detected, an administrative report is drawn up and reviewed by the competent authority. After reviewing the protocol, a decision is made to impose administrative sanctions.
Civil procedure:
- In the event of material or moral damage, consumers may file a lawsuit for damages. The court examines evidence of improper provision of electronic commercial services, hears witnesses, and conducts expert examinations to determine the amount of damage. The court makes a decision on compensation for damages.
Criminal procedure:
- In the event of e-commerce crimes, victims or other interested parties may file a criminal complaint with law enforcement agencies.So, whether you need a lawyer's advice or a lawyer's advice, it doesn't matter. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
- Our legal opinion and legal opinion of a lawyer, legal analysis with a lawyer online and legal advice will help you at any time! Order a document review by a lawyer and general legal analysis right now! And with the services of a lawyer's consultation and document analysis with a written consultation - you will get the whole range of necessary services!
