A scientific article by the lecturer (Assistant Professor Sakina Talib Khair Allah) entitled “E-commerce: E-commerce Law and its Challenges”

26/06/2025   Share :        
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Introduction<br />E-commerce has witnessed tremendous growth over recent decades due to technological advancements and the widespread use of the Internet, fundamentally changing traditional trade methods. With this expansion, the need for a legal framework to regulate e-commerce transactions and protect the rights of the involved parties has emerged. However, e-commerce law faces significant challenges due to the digital and constantly evolving nature of this trade, necessitating ongoing studies to develop and adapt laws to new developments.<br /><br /> E-Commerce Law: Concept and Importance<br />E-commerce law refers to the set of legal rules governing commercial transactions conducted via electronic networks. It aims to achieve several objectives, including:<br /><br />Protecting both consumers and merchants.<br /><br />Ensuring the safety and reliability of electronic transactions.<br /><br />Regulating digital contracts and electronic signatures.<br /><br />Combating electronic fraud and related crimes.<br /><br />Laws vary from country to country but generally share principles such as transparency, data confidentiality, and intellectual property rights protection.<br /><br /> Legal Challenges of E-Commerce<br />1. Identifying Parties and Determining Liability<br />Difficulty in identifying parties in electronic transactions complicates law enforcement, especially in international dealings where jurisdictions vary.<br /><br />2. Security and Data Protection<br />Cybercrimes such as hacking and data theft directly threaten consumer trust, requiring strict laws to protect privacy and secure information.<br /><br />3. Electronic Signatures and Digital Documents<br />Regulating the use of electronic signatures and their legal recognition remains challenging in some countries, where legislation differs on their admissibility as legal evidence.<br /><br />4. Legal Disputes and Dispute Resolution<br />Electronic dispute resolution mechanisms still need development to match the fast pace of e-commerce and diverse international laws.<br /><br />5. Taxes and Customs<br />E-commerce poses new challenges to tax and customs systems, such as how to levy taxes on digital sales and cross-border goods exchanges.<br /><br /> E-Commerce and International Law<br />Due to the cross-border nature of e-commerce, international cooperation has become essential to unify laws and facilitate procedures. Key initiatives include:<br /><br />The United Nations Convention on the Use of Electronic Communications in International Contracts.<br /><br />Cooperation between national and international regulatory bodies.<br /><br />Establishing international standards for secure electronic transactions.<br /><br /> Conclusion<br />E-commerce law forms a fundamental pillar for developing and ensuring the stability and reliability of digital trade. However, multiple challenges—especially in security, data protection, and international regulation—require continuous legal and regulatory efforts to develop legislative frameworks. This can create a secure electronic commercial environment that encourages innovation and economic growth.<br /><br /><br /><br /><br /><br />"AL_mustaqbal University is the first university in Iraq"<br/><br/><a href=https://uomus.edu.iq/Default.aspx target=_blank>al-mustaqbal University Website</a>