E-Commerce
Law
Important note:
These study notes have been compiled
personally based on the module outline
for the 2023 academic year and are
merely a summary of the work. They
may include additional content or omit
certain information relevant to other
academic years. Additionally, please be
aware that the document may contain
some errors and spelling mistakes. It is
important to note that these notes are
intended to serve as a supplementary
aid for certain topics and should not
replace the use of textbooks or other
primary study materials. Students are
strongly encouraged to consult their
prescribed academic sources for
accurate and comprehensive
information regarding the module.
, Learning Unit 1 – Chapter 1+2
Legal informatics:
• A study in which a computer aids in storing and retrieving legal information
and is used to measure judicial discretion.
• How to use technology in the law field.
• Includes the law related to technology such as intellectual property law and
security.
Informatics Law:
• Legal problem arisen from technology.
• Addresses legal issues related to automated processing of information in
general.
Litigation support systems:
• Databases used to construct a specific case.
• Electronic database helps legal practitioners to find relevant information
pertaining to cases.
• Demonstrative evidence can be used as a tool in the LSS.
• Examples:
o E-scheduler case management system.
o Digital court recording system.
o Biometrics in fingerprinting.
o Electronic capturing of data-to avoid missing dockets.
Convergence:
• Things come together.
Technological convergence:
• Merging of telephone, broadcasting and computing technologies, and
industries and culture.
• Are regulated by the Electronic Communications Act 36 of 2005.
• Telephone:
o Both parties are logged on.
• Broadcasting:
o Uses one-sided passive engagement.
• Computing:
o Hardware uses data and information.
,Legal convergence:
• Harley Wright believes that technical convergence has led to calls for legal
convergence.
• Two schools of thought:
1. First school.
▪ Technological convergence should be led by legal convergence.
▪ Freedom given to print media should be extended to the internet.
▪ The internet shouldn’t be regulated by the controls of the
broadcasting and telecommunications.
▪ Freedom of speech will be compromised with the increasing
displacement of print by the electronic media.
2. Second school.
▪ All media should be regulated in terms of the communicative
values involved such user control, access and privacy.
▪ This should apply to each technology and to different uses of the
same technology such as internet.
▪ Physical form of the technology is no longer important, only
communicative values are.
The legislative environment which regulates telecommunications in SA:
• Telecommunications is a highly regulated industry.
• Thornton provides three arguments as to why the industry is highly regulated:
o Telecommunications is seen as public utilities/public good.
o Telecommunications is seen as a natural monopoly held by the state-
restrictive licensing.
o Radio-frequency spectrum is finite and constitutes a valuable national
resource to be protected by the State.
• Telecommunications and broadcasting are regulated by Electronic
Communications Act 36 of 2005.
• Electronic messages are mainly regulated by Electronic Communications and
Transactions Act 25 of 2002.
Legislative framework governing telecommunications:
• The Constitution:
o Important provisions are S14 (right to privacy) and S32 (access to
information).
• The Promotion of Access to Information Act 2 of 2000:
o Allows access to information in both the public and private sectors.
• Electronic Communications and Transactions Act 25 of 2002:
o The Act helps to define data, data message and electronic signature.
• The Regulation of Interception of Communications and Provision of
Communication-Related Information Act 70 of 2002.
• The Electronic Communications Act 36 of 2005.
, Learning Unit 2 – Chapter 6
E-contract:
• Digital or online contract.
• Must be a valid contract that comply with the requirements of a contract.
• Digital signatures are used.
o Can either be your name or signature saved in the system.
• Electronic Transactions Laws:
o ECT Act.
o UNCITRAL MLEC.
• Admissibility of electronic evidence is covered under ECT Act (s15), data
message is admissible.
• E-contracts must be recorded safely.
• E-mails and Electronic signatures are considered to be legally binding.
Examples of E-contracts:
Browse-wrap contracts refer to pieces of text on websites that goes “by continuing
your use of these services, you agree to the terms and conditions”.
UNICTRAL:
• United Nations Commission for International Trade Law.
Historical development of e-commerce law:
• E-commerce has evolved from computers to cell phones.
• The first book on a computer was that relating to the discussion of contracts
relating to hardware and software.
o It is now used in IT law.
• In the 80’s and 90’s it was thought that Electronic Data Interchange (EDI) was
the key to electronic trade.
• Internet evolved to allow for different types of comms.
• Safe payment methods allowed for international trade.
• Drone deliveries are being tested.
• COVID-19 created a surge in e-commerce and invoked laws such as Private
law, Commercial law, Criminal law and international law.
• Criminal issues started happening.
• Blockchain has furthered e-commerce with cryptocurrencies.
Law
Important note:
These study notes have been compiled
personally based on the module outline
for the 2023 academic year and are
merely a summary of the work. They
may include additional content or omit
certain information relevant to other
academic years. Additionally, please be
aware that the document may contain
some errors and spelling mistakes. It is
important to note that these notes are
intended to serve as a supplementary
aid for certain topics and should not
replace the use of textbooks or other
primary study materials. Students are
strongly encouraged to consult their
prescribed academic sources for
accurate and comprehensive
information regarding the module.
, Learning Unit 1 – Chapter 1+2
Legal informatics:
• A study in which a computer aids in storing and retrieving legal information
and is used to measure judicial discretion.
• How to use technology in the law field.
• Includes the law related to technology such as intellectual property law and
security.
Informatics Law:
• Legal problem arisen from technology.
• Addresses legal issues related to automated processing of information in
general.
Litigation support systems:
• Databases used to construct a specific case.
• Electronic database helps legal practitioners to find relevant information
pertaining to cases.
• Demonstrative evidence can be used as a tool in the LSS.
• Examples:
o E-scheduler case management system.
o Digital court recording system.
o Biometrics in fingerprinting.
o Electronic capturing of data-to avoid missing dockets.
Convergence:
• Things come together.
Technological convergence:
• Merging of telephone, broadcasting and computing technologies, and
industries and culture.
• Are regulated by the Electronic Communications Act 36 of 2005.
• Telephone:
o Both parties are logged on.
• Broadcasting:
o Uses one-sided passive engagement.
• Computing:
o Hardware uses data and information.
,Legal convergence:
• Harley Wright believes that technical convergence has led to calls for legal
convergence.
• Two schools of thought:
1. First school.
▪ Technological convergence should be led by legal convergence.
▪ Freedom given to print media should be extended to the internet.
▪ The internet shouldn’t be regulated by the controls of the
broadcasting and telecommunications.
▪ Freedom of speech will be compromised with the increasing
displacement of print by the electronic media.
2. Second school.
▪ All media should be regulated in terms of the communicative
values involved such user control, access and privacy.
▪ This should apply to each technology and to different uses of the
same technology such as internet.
▪ Physical form of the technology is no longer important, only
communicative values are.
The legislative environment which regulates telecommunications in SA:
• Telecommunications is a highly regulated industry.
• Thornton provides three arguments as to why the industry is highly regulated:
o Telecommunications is seen as public utilities/public good.
o Telecommunications is seen as a natural monopoly held by the state-
restrictive licensing.
o Radio-frequency spectrum is finite and constitutes a valuable national
resource to be protected by the State.
• Telecommunications and broadcasting are regulated by Electronic
Communications Act 36 of 2005.
• Electronic messages are mainly regulated by Electronic Communications and
Transactions Act 25 of 2002.
Legislative framework governing telecommunications:
• The Constitution:
o Important provisions are S14 (right to privacy) and S32 (access to
information).
• The Promotion of Access to Information Act 2 of 2000:
o Allows access to information in both the public and private sectors.
• Electronic Communications and Transactions Act 25 of 2002:
o The Act helps to define data, data message and electronic signature.
• The Regulation of Interception of Communications and Provision of
Communication-Related Information Act 70 of 2002.
• The Electronic Communications Act 36 of 2005.
, Learning Unit 2 – Chapter 6
E-contract:
• Digital or online contract.
• Must be a valid contract that comply with the requirements of a contract.
• Digital signatures are used.
o Can either be your name or signature saved in the system.
• Electronic Transactions Laws:
o ECT Act.
o UNCITRAL MLEC.
• Admissibility of electronic evidence is covered under ECT Act (s15), data
message is admissible.
• E-contracts must be recorded safely.
• E-mails and Electronic signatures are considered to be legally binding.
Examples of E-contracts:
Browse-wrap contracts refer to pieces of text on websites that goes “by continuing
your use of these services, you agree to the terms and conditions”.
UNICTRAL:
• United Nations Commission for International Trade Law.
Historical development of e-commerce law:
• E-commerce has evolved from computers to cell phones.
• The first book on a computer was that relating to the discussion of contracts
relating to hardware and software.
o It is now used in IT law.
• In the 80’s and 90’s it was thought that Electronic Data Interchange (EDI) was
the key to electronic trade.
• Internet evolved to allow for different types of comms.
• Safe payment methods allowed for international trade.
• Drone deliveries are being tested.
• COVID-19 created a surge in e-commerce and invoked laws such as Private
law, Commercial law, Criminal law and international law.
• Criminal issues started happening.
• Blockchain has furthered e-commerce with cryptocurrencies.
