Law for the Information Technology Industry
.

About the site | Links | Guest book | Contribution | The Team  

 

E-COMMERCE

 

 

 

1.  INTRODUCTION, DEFINITION AND IMPACT ON BUSINESS

1.1 INTRODUCTION  AND DEFINITION

Electronic Commerce (e-commerce) is the result of the developments and innovations in the areas of computer hardware, computer software, internet and communications technology.

Electronic Commerce has the potential to be one of the major economic revolutions of the 21st Century. E-Commerce, new communication technologies and resultant exchange of information and knowledge underlie the new way of doing business which will provide opportunities to improve the quality of life and economic well being of the people and has the potential to spur the growth and employment in all the countries of the world.

E-Commerce is a subset of e-business. It is a commerce or conducting transactions using network of computers and telecommunication i.e. internet. It is an exchange of goods/services and the financial consideration for them. Business includes a whole set of transactions that must be completed before the goods/services change hands for the financial consideration. E-Business links employees and internal business processes through intranets, the business relations with suppliers, customers through extranets and finally exchanging goods/services for a value. Goods/services can be directly delivered on the net or by conventional mode and similarly payment can be effected through electronic means or by conventional mode. Indeed, designing the effective and secured payment system is one of the roadblocks to the full-fledged growth of e-commerce. The possibility of direct interaction with the customers and elimination of intermediaries who do not provide any value is the biggest advantage of the e-commerce. The economics of e-commerce will enable large number of small players to participate in the global business. Business organisations will be able to cater to the needs of the customers without any barriers of time and space. Compared to this a major disadvantage of e-commerce is that the customer cannot have a feel of the goods as he cannot touch them.

1.2 IMPACT ON BUSINESS

E-Commerce will change the way the businesses are being carried on. It will lead to emergence of new businesses as well as business practices and also a new role for intermediaries.  Indeed, all the functional areas of business will undergo change. The new technology will transform business processes, the way products and services are created and marketed, dynamics of competitions, the organisation structure of the enterprise and the nature of the enterprise itself. This will include marketing, supply management, customer and sales management, product development etc. Local proximity may no longer be a significant factor in retaining customer. Local markets will be replaced by global markets. Indeed it may bring to reality the goal of 'Vasudev Kutumbakam' i.e. the whole word is one family. As a result, businesses will have to focus on new differentiators and value addition and constantly go on innovating the differentiators. Transparency and openness is and will continue to be effective business strategy. Already many businesses have started recognising key customers, employees and suppliers more like a partner in the business.  E-Commerce will lead to better customer service, more personalised products, reduced costs, supply chain efficiency and faster time to market. The most significant aspect of e-commerce is new market development. The e-commerce links and the infrastructure initially setup can be successfully used in other sectors.

The change in the business functions will lead to new business models and create new set of facts and circumstances that can materially change the incidence of taxation.

The internet will emerge as a new platform for marketing of products and services that will displace and rebuild existing economy. It will affect organisational structure, require different skills for negotiation, new regulatory and legal framework, electronic money, taxation and many other things. The evolution of e-commerce will have profound impact on competition, mobility of enterprises, effect on consumer behavior, changes in the way the work is defined and managed.  The net will enable businesses to save time on product design, design according to the individual customer specification, order and delivery of components, tracking sales and getting feedback from customers. Estimates for the growth of E-commerce varies from $ 300 billion to a trillion dollar by 2002.

The businesses can have virtual project team, virtual learning space so that the employees who are dispersed over various countries can work together as if they are together in one physical room. Business can be connected to the retail points in order to ascertain market trends, demand of the products and with the suppliers upstream to order the desired requirements.  Better demand forecasting and stock replenishment can lead to significant reduction in the cost.

1.3 BUSINESS MODELS

There are three major participants in the e-commerce i.e. business enterprise, customer and governments. At present, most e-commerce transactions are between business to business level and accounts for almost 80% of the total E-Commerce transaction. The potential of growth of E-Commerce in business to customer segment cannot be easily predicted. However, with the advent of time, transactions at business to customer level, Government to business level and government to customer level are going to pickup. The potential for growth of e-commerce is linked with speed, reliability, security and to other electronic networking environment. The growth will depend on the kind of industry, product involved and the type of customer-supplier relationship necessary to preserve or to develop.

The consumers are generally concerned about

  1. Confidentiality of any information which they provide

  1. Identity of the seller

  2. The competition is open and the market is not artificially distorted. On the net, a single person can create many web sites and market the same product at different prices.

  3. The goods are delivered at the correct place and the correct time.

  4. The goods delivered correspond to the description, quality and quantity for which he has effected payment.

  5. He has effective grievance system and legal remedies if anything goes wrong.

    E-Commerce raises questions about the application of existing regulation concerning contract law, consumer protection, competition policy, intellectual property rights, dispute settlement mechanism, tax laws etc.

    REGULATORY FRAMEWORK

    The advent of e-commerce will require amendment to various regulatory and legal frameworks. In India, Information Technology Bill 1999 has already been presented in the parliament. The bill gives legal recognition to electronics records and digital signatures. Documents, records or information may be furnished, retained and preserved in electronic form if certain conditions are satisfied. The bill provides for rules and regulations for attribution of electronic records, the acknowledgement, the receipt of the record, time and place of dispatch and receipt of electronic record. The bill also provides for the condition when the electronic records and digital signature are treated as secured. It provides for appointment of certifying authorities and regulation for controlling and supervising them. It provides for computer crimes and penalties and compensation for the same. The bill proposes that if the computer crime involves a computer, computer system or computer network located in India, the law shall also apply to any contravention and offenses committed outside India by any person irrespective of his nationality. There are consequential amendment proposed in the Indian Evidence Act 1872, The Indian Penal Code 1860, The Banker's Book Evidence Act 1891 and The Reserve Bank of India Act 1934.

    KEY PLAYERS AND THEIR ROLE

    The following are the major or key players in the e-commerce transaction.

    1.      Network Provider

    2.      Internet Service Provider (ISP)

    3.      User

    4.      Web site (Internet Shop)

    5.      Payment Providers

    6.      Payment System Provider

    7.      Software Architect

    8.      Advertiser

    9.      Content Provider

    10.  Back End System

    The internet service provider (i.e. MTNL, Satyam Online) purchases a set amount of bandwidth from a network provider (i.e. VSNL) and provides access to the internet user.

    Web sites are computer programs residing on computers (known as servers) which are connected to internet. The web site can be remotely programmed or its location can be easily changed. Again a web site which appears to be logically integrated may be dispersed across different computers.

     Software Architects or browsers as they are popularly known (i.e. Netscape) supplies the software which enables the web sites to be connected to an ISP and allow users to browse the site.
    The user is provided payment system for the payment of goods/services after accessing the web site. Payment systems providers supply the underlying technology and expertise to run the payment providers' computer system.

    The web site purchases goods/services from a content provider, the web site may be owned by content provider and/or content provider may offer the goods/services from more than one web site.

    Advertisers purchase space on web sites. The fees for advertising are fixed or charged on 'per click basis'.

     The back end system ensures adequate inventory, accounting etc for web site.

© ITAZ 2000. All Rights Reserved
Disclaimer | Legal notice