Transcript INFORMATION ECONOMY REPORT 2009 Trends and Outlook in

A future global ODR system
A developing country perspective
Mrs. Cécile Barayre
([email protected])
ICT Analysis Section
Science, Technology and ICT Branch
UNCTAD
Presentation outline
• Trends in worldwide ICT uptake
• Trends in e-commerce development in
developing countries (DCs)
• Legal infrastructure supporting e-commerce in
DCs: the role of UNCTAD
• Challenges for ODR in DCs : the case of
cyberlegislation.org in India
• Policy implications to promote ODR
2
Trends in worldwide ICT
development
3
Global ICT developments 1997-2008
Source: ITU
4
Technologies trends in DCs
Mobile phones spreading, new applications emerging
• Mobile has become the most preferred ICT tool:
o affordable, low operating costs and power
requirements/responds to an essential need of
communication not supplied by landlines
• Continued growth in emerging economies
o India: almost 100 million new subscriptions (Jan-July/09)
• New mobile applications emerging (e.g. m-banking,
m-commerce)
• Strong interest in expanding mobile broadband
5
Mobile growth continues
Worldwide subscriptions up to 4.6 billion in 2009
Mobile subscriptions per 100 inhabitants, 2003-2008, by country group
Source: Information Economy Report 2009, UNCTAD (UNCTAD based on ITU and national data )
6
Internet users keep expanding
Now 1.4 billion users; highest growth in the South
Internet users per 100 inhabitants, 2003-2008, by country group
15% growth
Worldwide in 2008
25% growth for
developing
countries
China has largest
number of internet
users (298 millions)
Source: Information Economy Report 2009, UNCTAD (UNCTAD based on ITU and national data )
Widening divide in broadband connectivity
Now 400 million fixed broadband subscribers
Broadband subscriptions per 100 inhabitants, 2003-2008, by country group
8 times higher
penetration in
developed than
in developing
economies…
… >200 times higher
than in LDCs
Source: Information Economy Report 2009, UNCTAD (UNCTAD based on ITU and national data )
8
Trends in e-commerce in DCs
9
Trends in e-commerce in DCs
Towards m-commerce
• No data on the volume of e-commerce in DCs but a
large share is B2B
• Mobile-based services: M-banking, M-commerce:
o Cellbaazar, M-pesa, etc.
• E-government developing in many DCs, so are
legal frameworks
10
Obstacles to e-commerce&
m-commerce in DCs
o Literacy; not so much an issue for m-commerce
o Lack of supporting policies;
o Availability, speed and cost of Internet access, low
computer penetration, lack of relevant mobile
applications;
o Lack of payment and delivery facilities;
o Lack of e-commerce culture
o Lack of content in local languages.
o Lack of trust, of legal framework,
o Lack of knowledge on ODR procedures
11
Legal infrastructure supporting
e-commerce in DCs
12
Role of UNCTAD
Building legal frameworks
• UNCTAD’s Program on ICT and Law Reform
– Builds capacity of policy makers and legal
practioners: distance learning and face-to-face training
course on the Legal issues of e-commerce
– Prepares comparative studies on regional
harmonization of cyberlaws (Latin America, Central
America)
– Drafts and reviews cyberlaws
• Active in 26 DCs: Latin and Central America, East
African Community and Cambodia and Lao PDR
• UNCTAD works in cooperation with UNCITRAL and
regional institutions.
13
Challenges for ODR in DCs
14
ODR in developing countries
Has not really taken off
• Very few ODR providers in DCs, even less using
SMS based mobile phone interactions
• Pioneers : China, Peru, India and Singapore
• Challenges include:
o adapt to new mobile platforms rather than computers;
o develop relevant ODR applications and content in local
language;
o create awareness and change culture.
15
ODR in India
Cyberarbitration.com
• Front runner in the implementation of ODR
• Very few ODR providers
• Cyberarbitration.com targets B2B but also B2C,
C2C, B2G and G2C; number issues arising
pertaining to Intellectual Property Rights and their
violations
• A limited increase in the number of cases since the
beginning of arbitration
• An increase in the number of cases expected with
the mobile Internet and mobile revolution
16
ODR in India
Cyberarbitration.com
• Challenges include:
o
o
o
o
slow adoption of computers and the online
environment
superficial penetration of computers
“Feel and touch” culture
Lack of awareness about ODR mechanisms
among the relevant stakeholders
17
Policy implications
18
Policy Implications
• Educate and create awareness among merchants
and consumers regarding the impact and
increasing importance of ADR/ODR in resolving
commercial disputes
• Ensure that national legislation recognizes the
validity and enforceability of electronic transactions
and facilitates the use of out-of-court dispute
settlement schemes.
19
Policy Implications
• Consider mobile devices platforms
• Enhance cooperation and exchange with other
service providers
• Promote voluntary adherence by e-businesses
to trustmark and reliability programmes
• Give sufficient attention to cultural and linguistic
differences in providing ODR services
20
Thank You!
The Information Economy Report 2009
Study on Prospects for cyberlaws harmonisation
in Latin America
Can be downloaded free of charge
on www.unctad.org
21