Elektroninės komercijos reglamentavimo problemos ir praktika
Mazurkevičiūtė, Aidė |
Kriščiūnas, Rolandas | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Keras, Antanas | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Norvaiša, Saulius | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Kiškis, Mindaugas | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Rotomskis, Irmantas | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Augustinaitis, Arūnas | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Petrauskas, Rimantas | Darbo gynimo komisijos pirmininkas / Thesis Defence Board Chairman |
Štitilis, Darius | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Rudzkienė, Vitalija | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Electronic commerce is on the rise today. Along with that, there is a necessity of regulation efforts which would not only create legal framework, but also promote digital shopping and other areas in practice. This thesis deals with the main problems of electronic commerce regulation and practice, and with the accordance with the inferences drawn, important proposals are put forward to the national legislator and webtraders. In order to achieve the said purpose, a full-scale analysis of the most essential legislation of international and European Union level is made. UNCITRAL Model law on electronic commerce is a substantial contribution to the creation of legal standards promoting international trade, meanwhile this role in the European Union in fulfiled by the Directive on certain legal aspects of information society services, in particular electronic commerce, in the internal market. Nevertheless, the dinamic characteristics of the electronic commerce is conditioned by the necessity of appropriate arrangements. The current electronic commerce legislation in Lithuania faces particularly big problems. Despite the fact that there is a certain legislation regulating this sphere (Civil Code and Electronic commerce regulation, adopted by the Ministry of economy in 2002), it is not providing suitable measures for effective and flexible regulation. The author is of the opinion that Civil Code requires appropriate corrections and complements, meanwhile Electronic commerce regulation should be withdrawn considering two grounds: inadequate form of act and contradictory content. As a part of the analysis is the practice of electronic commerce. To reveal this issue, an empirical research project of the information quality that was given on the lithuanian webtraders websites was performed, and thus a question how actually electronic commerce respects the consumers rights is examined. The results indicated many problematic areas: significant information in great numbers is missing hence legal requirements are not applied. With regard to the results the author puts forward the proposals how to ensure consumer
s rights and so to gain their trust in electronic commerce. It is essential to provide all information required by law, besides, the adoption of Code of conduct is another issue to discuss, finally, the set criterias of the trustmarks system would help electronic commerce to enjoy consumer`s confidence.