E-COMMERCE

INTRODUCTION?

E-Commerce is also known as electronic commerce or internet commerce. It is an activity of buying and selling goods or services over the internet or open networks. So, any type of transaction which is considered as a money, funds, or data) is called as E-commerce.?

We can defined E-Commerce in various ways such as :-?

1. E-Commerce is buying and selling goods and services over the Internet.?
2. E-Commerce is dealing with sales to consumers for which the transaction takes place through open networks.?
3. E-Commerce is the buying?and selling of products, services, and digital products through the Internet.?

Organization for Economic Cooperation and Development ( OECD) stated that all forms of transactions which is relating to commercial activities, including both organizations and individuals, which are based on the processing and communication of programmed data including text, sound, and visual images.”?

Necessarily, E-commerce does not need it the use of the Internet. E-commerce includes all forms of transactions that process and communicate programmed data which includes text, sound and visual images.

E-commerce is the application of information technology and communication technology there are three basic activities which is related to commercial business.

Here we discuss the three basic activities such as :-?

1. Production and support :- which includes helping in production, distribution, and maintenance of goods and services.
2. Transaction preparation :- which includes getting product information into the market-place and bringing buyers and sellers into contract with each other.?
3. Transaction completion :- which includes completing transactions, transferring payments, and securing financial services.?

TYPES OF E-COMMERCE?

There are six types of E-COMMERCE and that is :-?

Business-to-Business (B2B) :-?

Business to Business (B2B) e-commerce?includes of all types of electronic transactions, dealings and business related to the goods and services?that are conducted between two companies. This type of e-commerce exists between the producers of a product and the Standard wholesalers who display the product to consumers for purchase. So, in this type of e-commerce the final?consumer?is not involved and the online transactions only involve the?manufacturers, wholesalers, retailers ?etc.

Business-to-Consumer (B2C) :-?

It is the most common form of e-commerce, and it deals with electronic business relationships between businesses and consumers. This type of e-commerce allows consumers to shop around for the best prices, read customer reviews and find different products that they would not find otherwise in the market world. This type of e-commerce is related to the transactions and relationships between businesses and the end customers.

Consumer-to-Consumer (C2C) :-?

This level of e-commerce consists of all electronic transactions that take place between consumers.?This forms of electronic transactions of goods and services between two customers and is mainly conducted through a third party that provides an online platform for these transactions. Consumer to Consumer (C2C) e-commerce forms of sites where old items are bought and sold,?such as OLX, Quickr etc.?Generally, these payment transactions are provided by online platforms (such as PayTM, Google Pay etc.), and are conducted through social media networks (such as Facebook, Instagram etc.) and websites.

Consumer-to-Business (C2B) :-

?In C2B e-commerce, a consumer or an individual makes their goods or services available online for companies to purchase, so, in this type of e-commerce a complete turnaround of the selling and buying process takes place.?

For example a graphic designer making a company site or logo or a photographer taking photos for an e-commerce website.?This is very relevant for crowd-sourcing projects.?

Business-to-Administration (B2A) :-?

This e-commerce consists of electronic transactions that takes place companies and bodies of public administration such as government.?Sometimes, B2A model is also referred to as B2G (Business-to-Government). Many processes are becoming developed through digitalization because of that many administrations and governing bodies are implementing third-party technologies to assist in the process. This involves many services in various areas such as social security,?fiscal measures, employment and legal documents.

?Consumer-to-Administration (C2A) :-?

This e-commerce forms of electronic transactions that takes place between people and bodies of public administration. This relationship allows?access for consumers to receive information, make payments, and establish direct communication between the government or administrations and the consumers. In many particular ways, C2A transactions may include paying taxes, fines etc.?

B2A and C2A main objectives are types of e-commerce is to?increase flexibility, efficiency, and transparency in public administration.

IMPORTANT ISSUES IN GLOBAL E-COMMERCE?

Issue relating to Privacy :-?

?The increase of electronic transactions over the internet raises various concerns on the collection, storing and working of personal information without the consent or knowledge of consumers. The functioning of E-Commerce is highly connected and dependent upon the collection and storing of personal information of consumers to provide them with the products and services and maintain their data. There is an opportunity that without the consent or knowledge of consumers, personal information may be shared with or sold to others. The protection of privacy has become one of the most important concerns and it is one of the most important policy issues among policy-makers, businesses and consumers.?

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Issue relating to?Security :-?

We can defined E-Commerce security as “a protection of an information resource from the threats and risks in the confidentiality, originality and integrity of the electronic transactions conducted through a network”. If the system is capable of providing the same level of trust and security which is found in traditional methods of business, the e-commerce can only grow at this time.? If consumers of e-commerce are confident of the security provided by the concerned e-commerce, this can be achieved only.?

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Issue relating to?Consumer Protection :-??

The consumers have to be sure that they are as protected in the electronic marketplace as they are in the real marketplace. There are many consumer protection issues related to electronic transactions such as card information, bank information, etc. It becomes important that confidential information such as credit/ debit card information, bank account number etc. are kept protected. At previous time,? it used to be difficult for a consumer to confirm the original and security information in an online atmosphere, but with the introduction of digital signature it has become easy and safe.

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Issue relating to?Content Regulation :-?

?There is certain types of online communications that are considered inappropriate, offensive or harmful to certain part of consumers and users of E-Commerce. Here are some examples of those activities that raise public concerns such as Adult materials, bullying, terrorism, hate speech which is against minors and sedition and those who are concerned about these harmful or inappropriate Internet contents advocate for regulatory interference and content regulation by government and concerned organizations. This is an issue for policy makers and concerned companies. The counter argument for such content regulation and intervention is on the ground of right to speech and?expression. Without affecting the functioning and growth of e-commerce, this problem should be solved.?

Issues relating to Access :-?

Here are main issues which is related to access to e-commerce and that is :-?

1. Access to infrastructure :- In order to conduct commercial transactions over the Internet, consumers need to have access to telecommunications networks and services.?
2. Access to content :- The type and amount of content conducted in e-commerce over this infrastructure is also one of the analytical elements for the growth of e-commerce. The contents have to be competitive, respecting the cultural values of others, and not inappropriate or harmful to others.
3. Universal access :- In our everyday lives, with the increasing importance and involvement of Information and Communication Technologies, universal availability of various communication services, has become an essential for both consumers and companies of e-commerce. Still A large number of people are living without the basic telephone services. This gap related to technology and digitization in the world population is called as digital divide. The digital divide affects the people’s capacity to access modern Information and Communication Technologies, in turn which obstructs their capacity to access the Internet and e-commerce, which ultimately intimidated the growth of e-commerce.
4. Language and localization :- Language and Localization becomes an issue with e-commerce extending to other boundaries because it becomes difficult to communicate with a domestic speaker of any particular country.

CASE LAWS?

ANTI-CORRUPTION COUNCIL OF INDIA VS?THE SECRETARY?(2019)?

In this case, Petitioner claims to be an organization which is interested in eliminating the corruption. The petition was filed in PIL i.e. Public Interest Litigation with the writ of Mandamus and to direct Department of Consumer Affairs ( DCA) to establish an authority which is vigilance to check online marketing way to protect the interests of consumers.?

Large companies which is involved in E-commerce state in their disclaimer clauses that they will not be liable for any type of damages.?

In this case, The court held that now we are living in a global village. Marketing through internet is the order of the day. No person affected by the present E-Commerce facility has approached this court with any grievance or any type of injuries.

SHREYA SINGHAL?VS UNION OF INDIA (2015) SC (1523)?

In this case, the court held that there is no legal control of spam mails, and other such methods of nuisance caused by the e-commerce industry. As the case discusses a violation of another fundamental right (right to freedom of speech and expression) due to the presence of?Section-66 A of the IT Act.?

1. Fraud:?An e-commerce cash system enables online transactions to become a globally accepted business. In the current trend of online buying and selling, e-commerce frauds can happen both offline and online.?While transacting online, Fraudsters look for harass to the merchants or the banks by committing scams like these mentioned below,
2. Even if the fraudster does not intend to buy anything from the shopping cart, he or she still places an order by entering incorrect details and making the payment mode as cash-on-delivery just to harm the distributor.
3. If someone’s credit/debit card information is stolen or lost, fraudsters simply make payments without the knowledge of the real user by using their credit card details.
4. If the original database is stolen from a bank or ecommerce database by a hacker and he gained access to all the information of the credit/debit cards stored in these databases then, credit/debit card fraud is practical even if the card is not present.

CONCLUSION?

So we studied about the E-Commerce and we understood that E-Commerce is an Electronic commerce which is buying and selling the goods and services through the internet mode. We discussed some types of E-Commerce as well that is Business to Business, Business to Consumer, Consumer to Consumer, Business to Administration etc. This types of e-commerce is provide for increasing efficiency, transparency and flexibility. We studied some issues as well which is related to privacy, security, Access and Content Regulation. We discussed some famous case laws which is related to E-Commerce.?