Transcript Legal Framework for E-Commerce Transactions

Legal Framework for E-Commerce
Transactions in the Caribbean
Community (CARICOM)
Dr Christine Riefa
“ A fresh look at online dispute resolution and global ecommerce”, March 29-30, 2010
Vienna, Austria
Data Sources
• “Information Society Statistical Profiles” for
the Americas in 2009 published by the
International Telecommunications Union.
– Chart 1.15
– Chart 1.16
– Chart 1.17
CARICOM
• Treaty of Chaguarmaras 1973
• Revised Treaty of Chaguaramas establishing
the Caribbean Community including the
CARICOM single market and economy(revised
2001)
• 14 Member States from Belize to Barbados
and including Haiti and Suriname.
Legal basis for a framework on
electronic commerce in CARICOM
region
• no direct reference in the Revised Treaty
• But protection of consumers using e-commerce
may be achieved using the below legal basis:
– Article 6 on the objectives of the Community
– Article 184 on Consumer protection
– Other articles in the Treaty in particular on provision
of services
– Article 239 (protocol on electronic commerce)
Numerous Initiatives
National Initiatives (review still ongoing)
Regional Initiatives
• CARICOM ICT 4 Development
• Draft Model Law on Consumer Protection (2008) – but
lacking distance selling protection for consumers
• Currently DEVELOPMENT OF MODEL CONSUMER
POLICIES IN THREE CRITICAL AREAS which includes
electronic commerce (+ safety and sustainable
consumption)
– Policy recommendations for protection of consumers
buying through electronic commerce
Challenges faced by CARICOM
members
• Diversity of Legal systems (some problems may be similar
to EU)
• Young regional organisation still in the making
• Users more savvy than legislators?
• Small populations – e-commerce mostly with the USA
rather than within Region (Problems with jurisdiction and
conflicts of law)
• Need for a correlation with international systems (national
and Regional)
• Payment Systems are an issue (lack of trust / cultural
obstacles)
• Court system not well adapted to Consumer disputes nor
electronic commerce disputes – prime candidate for ODR?
Thank you for your attention
• Any questions?
• Contact:
Christine.riefa@brunel.
ac.uk