SLIIT Journal of Humanities and Sciences [SJHS]

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Start date: 2020Subject: search.filters.subject.E-Commerce

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Now showing 1 - 2 of 2
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    PublicationOpen Access
    A Fly in the Ointment; Undue Liability on E-commerce Platforms
    (Faculty of Humanities and Sciences, SLIIT, 2022) Rajaguru, K.
    Trade is now largely internet-centric, meaning the internet is the medium through which most commercial transactions occur in today’s (information) economy. As e-commerce uptake has accelerated globally, it has opened new possibilities for buyers and sellers alike, helping them integrate into a global marketplace and promoting innovations across different business lines. Ecommerce is considered one of the main drivers of recent economic and social developments. In Sri Lanka, e-commerce is emerging and in its infancy. The industry is expected to operate within the margin of the law and be self-regulated. In the absence of a separate law for e-commerce, ecommerce platforms (e-commerce marketplaces) meaning, digital storefronts that connect sellers and customers to transact online, are exposed to a higher risk of being unreasonably penalized by applying the existing laws without mitigation. On the other hand, the platform users are left in a desperate situation with no remedy for harm caused. However, there are many developments globally around e-commerce and platform liability. Therefore, this article explores the responses of advanced jurisdictions such as China, the EU, and the USA regarding platform liability. This concludes that facilitating a business-enabled environment with holistic and innovative strategies that are aligned with the social and economic status of the country with a business-friendly legal landscape that matches the reality of the industry is imperative.
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    PublicationOpen Access
    Emerging Challenges in Regulation of E-Commerce: An Insight of Laws in Sri Lanka
    (Faculty of Humanities and Sciences, SLIIT, 2020) Balendra, S.
    The growth of e-commerce in Sri Lanka is posing significant legal and regulatory challenges. The paper attempts to study and highlight deficiencies in the present legal framework regulating e-commerce in Sri Lanka. Content analysis of Electronic Transactions Act No.19 of 2006 (as amended) and other relevant legislations revealed, the existing framework recognises e-contract, e-signature, and e-documents. Still, certain drawbacks are unsettled in practice. In addition, areas like privacy and data protection, intermediary liability, security, and consumer protection are left unaddressed in the current regulatory framework. The study further identifies that the traditional dispute resolution mechanisms are no more effective in e-commerce disputes. Finally, adhering to the international standards, the paper makes key suggestions for policy and decision-makers to overcome these challenges.