SlideShare une entreprise Scribd logo
1  sur  11
Télécharger pour lire hors ligne
FRAMEWORK ACT ON ELECTRONIC COMMERCE
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose) The purpose of this Act is to contribute to the national economy by
clarifying the legal concern and ensuring the security and reliability of electronic transaction as
well as establishing the framework so as to improve of electronic transactions.
Article 2 (Definitions) The definitions of terms used in this Act shall be as follows:
1. "Electronic message" shall mean information which is generated, sent, received or stored in
a kind of electronic form by using information processing systems;
2. "Information Processing Systems" shall mean electronic devices or systems which have an
information processing ability to be utilized for the generation, transmission·reception or store
of electronic messages;
3. "Originator" shall mean a person by whom, or on whose behalf, an electronic message
purports to have been generated and sent;
4. "Addressee" shall mean a person who is intended by the originator to receive an electronic
message;
5. "Electronic commerce" shall mean a transaction of goods or services the whole or part of
which is made by using an electronic message;
6. "Electronic commerce businessman" shall mean a person who conducts Electronic commerce
as a major business;
7. "Electronic commerce user" shall mean a person who avails himself of Electronic commerce
except for Electronic commerce businessman.
Article 3 (Scope) Except as otherwise provided in any other Act or subordinate statute, this
Act shall apply to all Electronic commerces using electronic messages.
CHAPTER II ELECTRONIC MESSAGES
Article 4 (Validity of Electronic Messages) An electronic message shall not be denied its
validity only because it takes the electronic form except as otherwise provided in any other
Acts.
Article 5 (Retention of Electronic Messages) (1) Where an electronic message satisfies the
following requirements, the retention of any document as set forth in the relevant Acts and
subordinate statutes may be replaced by the retention of the electronic message:
1. The information contained therein is accessible;
2. The electronic message is retained in the format in which it was generated, sent or
received, or in a format which can be demonstrated to represent accurately the information
generated, sent or received; and
3. Such information, if any, is retained as enables the identification of the origin and
destination of an electronic message and the date and time when it was sent or received.
(2) For the purpose of paragraph (1), any part of an electronic message the sole purpose of
which is to enable the electronic message to be sent or received may not be deemed to
constitute the electronic message.
Article 6 (Time and Place of Dispatch and Receipt of Electronic Messages) (1) The dispatch of
an electronic message shall be deemed to occur when the originator or the person who can
represent the originator enters it information processing systems which are able to receive
electronic message.
(2) The receipt of an electronic message shall be deemed to occur at any time falling under
any of the following:
1. If the addressee has designated an Information processing system for the purpose of
receiving electronic messages, the time when the electronic message enters that Information
processing system: Provided, That if the electronic message is sent to an Information
processing systems that is not designated, the time when the electronic message is retrieved
by the addressee; or
2. If the addressee has not designated an Information processing system for the purpose of
receiving electronic messages, the time when the electronic message enters an Information
processing system of the addressee.
(3) An electronic message shall be deemed to be dispatched or received at the place where
the originator or the addressee has its place of business; in this case, if the originator or the
addressee has more than one place of business, the place of business is that which has the
closest relationship to the underlying transaction or if there is no underlying transaction, the
principal place of business: Provided, That if the originator or the addressee does not have a
place of business, reference is to be made to its habitual residence.
Article 7 (Case Where Originator is Deemed to have Sent Electronic Messages) (1) An
electronic message shall be deemed to be sent by the originator if it was sent by a person
who is authorized to do so on behalf of the originator, or by a computer program or any other
electronic means intended to send or receive electronic messages automatically on behalf of
the originator.
(2) In cases falling under any of the following subparagraphs, the addressee of an electronic
message may conduct the declaration of intention included to the electronic message when the
declaration of intention may be seen that of the originator.
1. Where the addressee has followed any agreed procedure so as to identify that the
electronic message has been made by the originator.
2. Where a received electronic message has been transmitted by the originator or a person
who has a justifiable reason to reflect a relationship between the originator and a person who
is related to a duputy, or a person who is able to prove that the electronic message is the
declaration of intention from the addressee or the deputy
(3) The paragraph (2) shall not apply in cases falling under any of the following
subparagraphs:
1. Where the addressee would be able to have a reasonable time to conduct an indispensible
arrangement after the time the addressee has received a notice from the originator that the
electronic message was sent against the intention of the originator.
2. Where the addressee would be able to know that the electronic message was sent against
the intention of the originator or if he followed any agreed procedure with the originator, or
gave reasonable care in this case paragraph (2) 2.
Article 8 (Separateness of Electronic Messages Received) Electronic messages received shall be
deemed to be separated from each other: Provided, That this shall not apply in case where the
addressee would be able to know that electronic messages which are one and the same was
sent repeatedly if the addressee followed any agreed acknowledging procedure which is
conferred with the originator, or gave reasonable care.
Article 9 (Acknowledgement of Receipt) (1) Where the originator has sent the electronic
message stating that it is conditional on receipt of the acknowledgement, it shall be deemed as
if it had never been sent, until the acknowledgement is received by the originator. In this case,
this does not apply in Article 534 of the Civil Act.
(2) Where the originator has requested the acknowledgement of receipt of the electronic
message without stating that it is conditional on receipt of the acknowledgement, the originator
may withdraw the dispatch of the electronic message unless it receives the acknowledgement
thereof within a reasonable time (which means the time specified by the originator, or the time
agreed upon by the originator and the addressee).
Article 10 (Adaptation by Agreement between the originator and the addressee) The originator
and the addressee may conduct an agreement against the provisions of Articles 6 through 9,
except as otherwise provided in other Acts and subordinate statutes.
Article 11 (Matters concerning Digital Signatures) When the electronic commerce is intended to
conduct, any matters concerning electronic signature shall be deemed as a condition prescribed
by the electronic signature Act.
CHAPTER III
THE SECURITY OF ELECTRONIC COMMERCE
AND CONSUMER PROTECTION
Article 12 (Protection of Personal Information) (1) The Government shall formulate and
implement necessary policies for protecting the personal information of the electronic
commerce users so as to ensure the security and reliability of electronic commerce.
(2) Electronic commerce businessmen shall follow concerning provisions as well as the act on
promotion of information and communications network utilization and information protection, etc.
in collecting·using·providing and controlling personal information of the electronic commerce
users.
Article 13 (Protection of Business Secret) (1) The Government shall formulate and implement
necessary policies for protecting the personal information of the electronic commerce users so
as to protect the Business secret of the electronic commerce users.
(2) Electronic commerce businessmen(including a person who is entrusted the operation of
Information processing systems) shall adopt any measures in order to protect the Business
secret of the electronic commerce users.
(3) Electronic commerce businessmen shall not provide or reveal the fact that the business
secrets of users to any other person without obtaining an agreement from the electronic
commerce users.
(4) Any necessary matters concerning paragraph (1) or (3), criteria for the scope of business
secret and protective measure, etc. shall be set forth in the Presidential Decree.
Article 14 (Use of Encrypted Products) (1) The businessman of electronic commerce may use
the encrypted products to guarantee the security and reliability of electronic commerce.
(2) The Government may restrict the use of encryption technology where it is deemed
necessary for national security, etc., and take any necessary measures to gain access to the
original of encoded information or encryption technology.
Article 15 (Establishment and Implementation of the Consumer protection policy, etc.) (1) The
Government shall formulate and implement necessary policies for protecting the fundamental
right and interest of consumers and ensuring the reliability of consumers related to electronic
commerce to the relevant Acts and subordinate statutes including Consumer Protection Act and
Door to Door sales, etc. Act.
(2) The Government may encourage the establishment of the norm and course of action
autonomously to the businessman of electronic commerce or the institute of electronic
commerce businessman in order not to occur an unreasonable behavior related to electronic
commerce hereafter.
Article 16 (Prevention and Remedy of Consumer Damages) (1) The Government shall formulate
and implement necessary policies with respect to provision of information and extension of
education for consumers to prevent the occurrence of consumer damages related to electronic
commerce.
(2) The Government shall formulate and implement necessary policies for the prompt and fair
settlement of consumers' complaints and damages related to electronic commerce.
Article 17 (General Observance Matters of electronic commerce businessman) Electronic
commerce businessmen shall observe the following matters to protect consumers related to
electronic and to ensure the security and reliability of electronic commerce:
1. Provision accurate information concerning trade name(including the name of the
representative in case of a juristic person) and information related to himself etc, as well as
goods, services and the condition of contract etc,.
2. Provision and preservation of an agreement to make consumers access and acknowledge
easily.
3. Provision of procedures which Consumers may cancel or change the orders of themselves.
4. Provision of procedures which may the cancellation of subscription, exchange and returns
easily.
5. Provision of procedures which may deal with the complaint and requirement of consumers
promptly as well as fairly.
6. Preservation of business documents which are necessary the proof of transactions for
reasonable time.
Article 18 (Certification for the businessman of electronic commerce) The Government may
support a certification business for the excellent businessman of electronic commerce so as to
protect consumers and to sound development of electronic commerce businessmen.
CHAPTER Ⅳ
ESTABLISHMENT OF BASIC POLICES FOR ELECTRONIC COMMERCE AND DEVELOPMENT
SYSTEMS
Article 19 (Principle of basic policies for electronic commerce and obligation of the
Government) The Government shall formulate and implement basic policies based on such
principles as encouraged private sector initiative, minimized governmental restrictions, enhanced
security and reliability of electronic commerce, and strengthening of international cooperation,
etc.
Article 20 (Formulation and Implementation of Electronic Commerce Promotion Program) (1)
The Government shall formulate and implement a program (hereinafter referred to as the
"electronic commerce promotion program") in accordance with the principle of basic policies for
electronic commerce as prescribed by Article 19, which contains the following:
1. Basic framework of electronic commerce promotion program;
2. Matters concerning international norms with respect to electronic commerce;
3. Matters concerning the electronic payment system;
4. Matters concerning protecting intellectual property rights;
5. Matters concerning protecting the interests of electronic commerce;
6. Matters concerning guaranteeing the security and reliability of electronic commerce;
7. Matters concerning developing and standardizing information technology with respect to
electronic commerce;
8. Matters concerning further promoting environments suitable for, and creating demand for,
electronic commerce;
9. Matters concerning international cooperation with respect to electronic commerce;
10. Matters concerning supporting the buildup of the infrastructure necessary to promote
electronic commerce;
11. Matters concerning establishing high-speedy telecommunication networks and facilitating the
use thereof; and
12. Other matters necessary to promote electronic commerce.
(2) The heads of relevant central administrative agencies(hereinafter referred to as the
"relevant central administrative agencies") shall formulate sectional programs for any such
matters falling under subparagraphs of paragraph (1) as are under their respective jurisdiction
and shall take them into the consideration in establishing and implementing their major policies.
(3) When the Minister of Commerce, Industry and Energy intends to formulate the electronic
commerce promotion program, he shall have it established by the Informationization Committee
in accordance with Article 8 of the Framework Act on the Informationization Promotion, after
combining all the sectional programs of relevant central administrative agencies and then
referring them to the Committee on Electronic Commerce Policy for deliberation in accordance
with Article 21 hereof.
Article 21 (Committee on Electronic Commerce Policy) (1) A Committee on Electronic
Commerce Policy (hereinafter referred to as the "Policy Committee") shall be established to
deliberate matters related to promoting electronic commerce.
(2) The Policy Committee shall deliberate the following matters:
1. The electronic commerce promotion program;
2. The assesment of the performance of the electronic commerce promotion program;
3. The coordination of the policies for promoting electronic commerce or the programs of the
relevant central administrative agencies; or
4. Other matters referred to it for deliberation by the Chairman thereof as major policy issues
to promote electronic commerce.
(3) The Policy Committee shall be composed of less than 30 members of committee including
the chairman of the committee.
(4) The chairman of the committee shall be the Vice-Minister of Commerce, Industry and
Energy and the Minister of Commerce, Industry and Energy shall appoint the person as the
member of the committee among government officials of class 3 or more than correspond to
class 3 who have taken charge of duties(activities) concerning electronic commerce or persons
who have a lot of knowledge and experience related to electronic commerce.
(5) Other necessary matters relating to the composition and operation of the Policy
Committee shall be prescribed by the Presidential Decree.
Article 22 (Korea Institute for Electronic Commerce) (1) A Korea Institute for Electronic
Commerce (hereinafter referred to as the "KIEC") shall be established for the efficient and
systematic implementation of projects and businesses to promote electronic commerce as well
as to support the development of policies related to electronic commerce.
(2) The KIEC shall be a juristic person.
(3) The KIEC shall conduct the following projects with respect to electronic commerce:
1. Domestic or world-wide survey and research, and businesses for publishing, public relations
and promotions;
2. Institutional research and other businesses for creating environments suitable for the
promotion of electronic business;
3. Research and development of information standards, distribution and activity of international
standards in accordance with Article 24;
4. Projects for supporting the development of information technology under Article 25;
5. Projects for Certification to an excellent electronic commerce businessmen as prescribed
Article 18;
6. Projects for international exchanges and cooperation to promote electronic commerce in
accordance to Article 29;
7. Operation of the Korea EDI Committee under Article 23 (2); and
8. Operation of the Electronic Commerce Mediation Committee as prescribed Article 32;
9. Other businesses entrusted by the Minister of Commerce, Industry and Energy or the heads
of the relevant central administrative agencies.
(4) The KIEC may conduct a profitable projects under the conditions as prescribed by the
Presidential Decree to supply necessary expenses for attainment of an object pursuant to
paragraph (1).
(5) The Government may support the whole or part of the expenses for operating of the
KIEC within the limit of the relevant budget.
(6) The KIEC may be contributed money from the businessman of electronic commerce to
appropriate for necessary expenses for the operation or business performance of KIEC.
(7) The KIEC may collect fees from the persons who use the information standards developed
by itself, under the conditions as prescribed by the Presidential Decree.
(8) The relevant provisions of the Civil Act with respect to the foundation shall apply mutatis
mutandis to the KIEC except as otherwise provided by this Act.
(9) The relevant provisions of the Civil Act with respect to the foundation shall apply mutatis
mutandis to the KIEC except as otherwise provided by this Act.
CHAPTER PROMOTION OF ELECTRONIC COMMERCEⅤ
Article 23 (Promotion of using electronic messages) The Government shall formulate and
implement necessary policies for the consolidation of concerning Acts etc, to promote the use
of electronic messages.
Article 24 (Standardization of Electronic Commerce) (1) The Government shall implement the
following measures in order to the efficient operation of electronic commerce and to the
guarantee of interchangeability of related information technologies:
1. Establishment, revision, repeal and distribution of standards with respect to electronic
messages;
2. Research and development of domestic and foreign standards relating to electronic
commerce; and
3. Other matters necessary to standardize electronic commerce.
(2) The Korea EDI Committee shall be established pursuant to the Presidential Decree in the
Ministry of Commerce, Industry and Energy so as to research, deliberate and decide the
standardization of electronic messages as prescribed in paragraph (1) 1.
(3) The Government may, if necessary for the efficient implementation of the matters as set
forth in each subparagraph of paragraph (1), have the relevant research institutes and
non-government organizations act on its behalf. In this case, it may support the required
expenses to them in accordance with the Presidential Decree.
Article 25 (Development of Information Technology for electronic commerce) The Government
shall perform the following measures in accordance with the relevant Acts and subordinate
statutes so as to develop the information technology necessary to promote electronic commerce
and to enhance technology standards:
1. Research of technical standards for electronic commerce, research and development of
information technology and practical use of the developed technology;
2. Cooperation with respect to the technology of electronic commerce, the direction and the
transfer thereof;
3. Smooth distribution of technology information and industrial - educational - researchable
cooperation on electronic commerce; and
4. Other necessary matters for the development of technology of electronic commerce.
Article 26 (Education of special human resources for electronic commerce) (1) The Government
shall try to educate professional human resources necessary to the promotion of electronic
commerce.
(2) The Government may support the whole or part of the expenses necessary for operating
the business to train special human resources that research institutes including a research
institute which is appropriated by the Government etc, under the act on the establishment,
operation and fosterage of Government Invested research Institutions and universities pursuant
to the higher education Act as well as non-government organizations and other relevant
organizations in accordance with paragraph (1).
(3) Any necessary matters concerning the support of expenses for special human resource
education institutes of electronic commerce in accordance with paragraph (2) shall be
prescribed by the Presidential Decree.
Article 27 (Promotion of electronic commerce for public sectors) The Government agency, local
self-governing bodies, government investment agencies or public organizations etc,. (hereinafter
referred to as the "The Government agency, etc.") shall formulate and implement programs so
as to conduct businesses of agency as electronic commerce or procurement of goods or
services necessary in operation of the business.
Article 28 (Electronic Commerce Statistics etc, a fact-finding survey) (1) The Minister of
Commerce, Industry and Energy may conduct electronic commerce statistics etc, a fact-finding
survey so as to the effective formulation and implementation of electronic commerce promotion
policies. In this case, Statistics Act shall apply when electronic commerce statistics intends to
be generated.
(2) The Minister of Commerce, Industry and Energy may require a presentation of related
materials or a statement of opinions to the Government agencies, electronic commerce
businessmen or juristic persons and organizations related to electronic commerce if necessary
for the fact-finding survey including electronic commerce statistics etc., in accordance with
paragraph (1).
(3) Where they are required to the presentation of related materials etc, pursuant to
paragraph (1) from the Minister of Commerce, Industry and Energy, the Government agencies,
electronic commerce businessmen or juristic persons and organizations related to electronic
commerce shall cooperate positively with such the demand.
(4) Any necessary matters concerning the performance of the fact-finding survey, electronic
commerce statistics etc., shall be prescribed by the Presidential Decree.
Article 29 (Internationalization of Electronic Commerce) (1) The Government may support the
projects or businesses for exchanges of the relevant information, technology and manpower,
joint research and development and technical cooperation as well as international
standardization, etc. so as to promote the international cooperation with respect to electronic
commerce.
(2) The Government shall make an effort to facilitate launching into foreign market of
electronic commerce businessmen as well as to cope with and participate in a controversy of
international organizations related to electronic commerce.
Article 30 (Electronic Commerce Support Center) (1) The Government shall formulate and
implement necessary policies to promote electronic commerce of small and medium enterprises.
(2) The Minister of Commerce, Industry and Energy may, for the purpose of promoting
electronic commerce of small and medium enterprises, designate any institute which conducts
businesses for supporting education and training, technical guidance, management consultation
and information provision, etc. as the Electronic Commerce Support Center (hereinafter referred
to as the "ECSC").
(3) Any necessary matters concerning the designation of the ECSC, criteria for the withdrawal
of such designation, report for the achievement of promotion programs and support of expenses
etc., shall be set forth in the Presidential Decree.
Article 31 (Support for promotion of electronic commerce) (1) The State or the local
government may grant the preferential taxation treatment such as regulation of tax reduction
and exemption Act and Local Tax Act etc., pursuant to tax-related Acts in order to promote
electronic commerce.
(2) The Government may support part of the expenses therefor to the limit of the relevant
budget if any juristic person or organization related to electronic commerce performs a project
which is prescribed by the electronic commerce promotion program.
CHAPTER ELECTRONIC COMMERCE MEDIATION COMMITTEEⅥ
Article 32 (Establishment and Composition of Electronic Commerce Dispute Mediation
Committee) (1) A Electronic Commerce Dispute Mediation Committee (hereinafter referred to
as the "Dispute Mediation Committee") shall be established to mediate any dispute over
Electronic Commerce.
(2) The Committee shall consists of not less than fifteen but not more than fifty members
including one chairman.
(3) The members shall be appointed or commissioned by the Minister of Commerce, Industry
and Energy from among the persons falling under any of the following subparagraphs, and the
chairman shall be elected from among the members.
1. Persons who presently serve or have served in universities as associate professors or
higher and in publically recognized research institutes as researchers with their positions
corresponding to the former and majored in a field relating to electronic commerce;
2. Public officials of Grade IV or higher or persons who presently work or have worked in
public institutions with their positions corresponding to the former and have experiences in
dealing with the affairs of electronic commerce;
3. Persons who holds qualifications of judges, prosecutors, or attorneys-at-law;
4. Persons recommended by nonprofit nongovernmental organizations established pursuant to
Article 2 of the Assistance for Nonprofit Non-governmental Organizations Act;
5. Other persons who have knowledge and experience in dealing with electronic commerce and
dispute mediation.
(4) The members of the Committee shall be non-standing, and the terms of office for the
members shall be 2 years and they may be reappointed or recommissioned.
(5) A secretariat shall be established in the Korea Institute for Electronic Commerce pursuant
to Article 22 to support the Dispute Mediation Committee's affairs.
(6) Any necessary matters for the qualification of the members and the guarantee of their
status as well as the exclusion, exception and refrainment of the members shall be determined
by the Presidential Decree.
Article 33 (Mediation of Dispute) (1) Any person who wants to refer any dispute conciliation
and loss redemption over the electronic commerce may request a mediation of the dispute to
the Committee.
(2) The Committee shall, upon receiving an application for mediating a dispute under
paragraph (1), advise to parties involved in the dispute and make out a draft mediation within
45 days from the date of receiving such application: Provided, That if there are unavoidable
circumstances for extending the period, the Dispute Mediation Committee shall notify to parties
involved in the dispute and specify the reason and period for extending.
(3) The Committee may commit the department of mediation which is composed of within
three members to the mediation of dispute, if necessary matters for the mediation of dispute
in accordance with paragraph (2).
Article 34 (Request for Materials, etc.) (1) The Dispute Mediation Committee may ask parties
involved in a dispute or relevant witnesses to provide materials necessary to mediate the
dispute. In this case, the relevant parties shall comply with the request unless the justifiable
grounds exist that make it impossible for them to do so.
(2) The Committee may, when it is deemed necessary, get parties involved in a dispute or
relevant witnesses to be present at a meeting of the Dispute Mediation Committee to hear
their opinions.
Article 35 (Effect of Mediation) (1) The Mediation shall be concluded in cases falling under
any of the following subparagraphs:
1. Where parties involved in the dispute shall agree to a mediation recommendation in
accordance with Article 33 (2).
2. Where parties involved in the dispute shall submit a written agreement for the mediation
which is made by themselves in the Committee.
(2) The committee shall prepare a written mediation and the parties involved in the dispute
shall subscribe their names thereto and affix their seals thereon in case of paragraph (1).
(3) The written agreement for the mediation under paragraph (2) shall have the full force and
effect of a mutual agreement between parties.
Article 36 (Rejection and Suspension of Mediation) (1) The Committee shall give parties
involved in the dispute a notice that the mediation has been rejected and suspended in cases
falling under any of the following:
1. Where an application of dispute mediation shall be withdrawn or any side of parties
involved in the dispute shall decline the mediation of dispute.
2. Where parties involved in the dispute shall reject the mediation plan of the committee.
3. Where filed a lawsuit in a law court to the dispute mediation case.
4. Where it is deemed that it is inappropriate for the committee to mediate the case in the
light of its nature.
Article 37 (Expenses for Mediation, etc.) (1) The Committee may bear the expenses for
mediation to parties who are applied for the dispute mediation pursuant to the Presidential
Decree.
(2) The Government may contribute or subsidize the expenses necessary for the operation of
the Committee within the scope of the budget.
Article 38 (Operation of the Committee) With the exception of what is prescribed in Articles 36
through 39, necessary matters concerning the operation of the Committee and the mediation
department as well as the procedures for mediating any dispute, etc. shall be prescribed by the
Presidential Decree.
CHAPTER VI SUPPLEMENTARY PROVISIONS
Article 39 (Delegation and Entrustment of Authorities) Part of authorities of the Minister of
Commerce, Industry and Energy under this Act may be delegated to the heads of organizations
under his control or local governments, or entrusted to the heads of the relevant central
administrative agencies in accordance with the Presidential Decree.
Article 40 (Reciprocity) This Act shall be applied to individuals and juristic persons of foreign
states: Provided, That individuals and juristic persons of any foreign state which does not grant
counterparts of the Republic of Korea the protection equivalent to that under this Act may be
granted the correspondingly restricted extent of the protection under this Act or said
international treaties in the Republic of Korea.
ADDENDA
Article 1 (Enforcement Date) This Act shall enter into force on July 1, 2002.
Article 2 (Transitional Measures concerning Designation of Electronic Commerce Support
Center) The institution which has been designated as an Electronic Commerce Support Center
in accordance with previous Article shall be deemed to be designated as the ECSC in
accordance with Article 30 (1) hereof.
Article 3 (Relation with other Acts) If other Acts and subordinate statutes cite the former
framework Act on Electronic commerce or the provision at the time this Act enters into force,
this Act or the corresponding provisions in this Act shall be regarded as being cited.

Contenu connexe

Tendances

Prashant and team cyber law
Prashant and team cyber lawPrashant and team cyber law
Prashant and team cyber law
Prashant Angadi
 
Electronic Evidence fraud conference
Electronic Evidence   fraud conferenceElectronic Evidence   fraud conference
Electronic Evidence fraud conference
Adv Prashant Mali
 

Tendances (18)

Vipul pdf
Vipul pdfVipul pdf
Vipul pdf
 
Cyber law01
Cyber law01Cyber law01
Cyber law01
 
Scjudgment
ScjudgmentScjudgment
Scjudgment
 
Prashant and team cyber law
Prashant and team cyber lawPrashant and team cyber law
Prashant and team cyber law
 
Cyber Law
Cyber LawCyber Law
Cyber Law
 
An Indian Outline on Database Protection
An Indian Outline on Database ProtectionAn Indian Outline on Database Protection
An Indian Outline on Database Protection
 
Cyber Law
Cyber LawCyber Law
Cyber Law
 
Statement in dna bill
Statement in dna billStatement in dna bill
Statement in dna bill
 
Cyber law
Cyber lawCyber law
Cyber law
 
Electronic Evidence fraud conference
Electronic Evidence   fraud conferenceElectronic Evidence   fraud conference
Electronic Evidence fraud conference
 
Cyber law cases
Cyber law casesCyber law cases
Cyber law cases
 
Manoj 1
Manoj 1Manoj 1
Manoj 1
 
Cyber law
Cyber lawCyber law
Cyber law
 
cyber law
cyber law cyber law
cyber law
 
Cyber appellate tribunal
Cyber appellate tribunalCyber appellate tribunal
Cyber appellate tribunal
 
Cyber crimes
Cyber crimesCyber crimes
Cyber crimes
 
Electronic evidence for delhi judicial academy prashant mali
Electronic evidence  for delhi judicial academy prashant maliElectronic evidence  for delhi judicial academy prashant mali
Electronic evidence for delhi judicial academy prashant mali
 
20211027 sc order in pegasus case
20211027 sc order in pegasus case20211027 sc order in pegasus case
20211027 sc order in pegasus case
 

Similaire à Framework act on e commerce

Aristocrat technologies 15 dec2008
Aristocrat technologies 15 dec2008Aristocrat technologies 15 dec2008
Aristocrat technologies 15 dec2008
Sondhaya Sudhamasapa
 
e-commercelawinthephilippines-140914041005-phpapp01e-commercelawinthephilippi...
e-commercelawinthephilippines-140914041005-phpapp01e-commercelawinthephilippi...e-commercelawinthephilippines-140914041005-phpapp01e-commercelawinthephilippi...
e-commercelawinthephilippines-140914041005-phpapp01e-commercelawinthephilippi...
recoveraccount1
 
Information Technology Act 2000 An Overview
Information Technology Act 2000  An OverviewInformation Technology Act 2000  An Overview
Information Technology Act 2000 An Overview
Anubhav
 
Information technology-act2000-120112080011-phpapp02 2
Information technology-act2000-120112080011-phpapp02 2Information technology-act2000-120112080011-phpapp02 2
Information technology-act2000-120112080011-phpapp02 2
Suryadev Maity
 

Similaire à Framework act on e commerce (20)

Help direct-enforcement-notice
Help direct-enforcement-noticeHelp direct-enforcement-notice
Help direct-enforcement-notice
 
electronic commerce act 8792 (2000)
electronic commerce act 8792 (2000)electronic commerce act 8792 (2000)
electronic commerce act 8792 (2000)
 
Class it act
Class it actClass it act
Class it act
 
E contracting in india
E contracting in indiaE contracting in india
E contracting in india
 
Electronic commerce act of 2000
Electronic commerce act of 2000Electronic commerce act of 2000
Electronic commerce act of 2000
 
E-commerce Law in the Philippines
E-commerce Law in the PhilippinesE-commerce Law in the Philippines
E-commerce Law in the Philippines
 
Aristocrat technologies 15 dec2008
Aristocrat technologies 15 dec2008Aristocrat technologies 15 dec2008
Aristocrat technologies 15 dec2008
 
e-commercelawinthephilippines-140914041005-phpapp01e-commercelawinthephilippi...
e-commercelawinthephilippines-140914041005-phpapp01e-commercelawinthephilippi...e-commercelawinthephilippines-140914041005-phpapp01e-commercelawinthephilippi...
e-commercelawinthephilippines-140914041005-phpapp01e-commercelawinthephilippi...
 
CYBER CRIME JUDICIAL PERSPECTIVE (1).ppt
CYBER CRIME JUDICIAL PERSPECTIVE (1).pptCYBER CRIME JUDICIAL PERSPECTIVE (1).ppt
CYBER CRIME JUDICIAL PERSPECTIVE (1).ppt
 
Information technology-act 2000
Information technology-act 2000Information technology-act 2000
Information technology-act 2000
 
Sending of notice of general meeting by electronic mode critical analysis
Sending of notice of  general meeting by electronic mode  critical analysisSending of notice of  general meeting by electronic mode  critical analysis
Sending of notice of general meeting by electronic mode critical analysis
 
Information Technology Act 2000 An Overview
Information Technology Act 2000  An OverviewInformation Technology Act 2000  An Overview
Information Technology Act 2000 An Overview
 
electronic_records_article.pdf
electronic_records_article.pdfelectronic_records_article.pdf
electronic_records_article.pdf
 
IT ACT 2000.ppt
IT ACT 2000.pptIT ACT 2000.ppt
IT ACT 2000.ppt
 
Akta 680 - Akta Aktiviti Kerajaan Elektronik 2007
Akta 680 - Akta Aktiviti Kerajaan Elektronik 2007Akta 680 - Akta Aktiviti Kerajaan Elektronik 2007
Akta 680 - Akta Aktiviti Kerajaan Elektronik 2007
 
Cyber law/Business law
Cyber law/Business lawCyber law/Business law
Cyber law/Business law
 
IT ACT, 2000 (Information Technology Act, 2000)
IT ACT, 2000 (Information Technology Act, 2000)IT ACT, 2000 (Information Technology Act, 2000)
IT ACT, 2000 (Information Technology Act, 2000)
 
cyberlaw
cyberlawcyberlaw
cyberlaw
 
INFORMATION TECHNOLOGY ACT 2000 and its provisions.pptx
INFORMATION TECHNOLOGY ACT 2000 and its provisions.pptxINFORMATION TECHNOLOGY ACT 2000 and its provisions.pptx
INFORMATION TECHNOLOGY ACT 2000 and its provisions.pptx
 
Information technology-act2000-120112080011-phpapp02 2
Information technology-act2000-120112080011-phpapp02 2Information technology-act2000-120112080011-phpapp02 2
Information technology-act2000-120112080011-phpapp02 2
 

Plus de Cat Van Khoi

Plus de Cat Van Khoi (20)

GIẢI MÃ BÍ MẬT MA SÓI_DÂN 2 MẶT.pdf
GIẢI MÃ BÍ MẬT MA SÓI_DÂN 2 MẶT.pdfGIẢI MÃ BÍ MẬT MA SÓI_DÂN 2 MẶT.pdf
GIẢI MÃ BÍ MẬT MA SÓI_DÂN 2 MẶT.pdf
 
Khu Đô Thị Geleximco Lê Trọng Tấn
Khu Đô Thị Geleximco Lê Trọng TấnKhu Đô Thị Geleximco Lê Trọng Tấn
Khu Đô Thị Geleximco Lê Trọng Tấn
 
Mua nhà liền kề biệt thự Geleximco Lê Trọng Tấn.pdf
Mua nhà liền kề biệt thự Geleximco Lê Trọng Tấn.pdfMua nhà liền kề biệt thự Geleximco Lê Trọng Tấn.pdf
Mua nhà liền kề biệt thự Geleximco Lê Trọng Tấn.pdf
 
Thiết kế website sàn giao dịch tiền ảo - mua bán Bitcoin ETH
Thiết kế website sàn giao dịch tiền ảo - mua bán Bitcoin ETHThiết kế website sàn giao dịch tiền ảo - mua bán Bitcoin ETH
Thiết kế website sàn giao dịch tiền ảo - mua bán Bitcoin ETH
 
Hướng dẫn Bộ bài bói Oracle Moonology Tarot cực hay
Hướng dẫn Bộ bài bói Oracle Moonology Tarot cực hay Hướng dẫn Bộ bài bói Oracle Moonology Tarot cực hay
Hướng dẫn Bộ bài bói Oracle Moonology Tarot cực hay
 
Hệ thống cầm đồ F88 cho vay tiền nhanh nhất
Hệ thống cầm đồ F88 cho vay tiền nhanh nhấtHệ thống cầm đồ F88 cho vay tiền nhanh nhất
Hệ thống cầm đồ F88 cho vay tiền nhanh nhất
 
[Tomcity.vn] luật chơi Mèo Nổ Exploding kittens - Mèo cảm tử
[Tomcity.vn] luật chơi Mèo Nổ Exploding kittens - Mèo cảm tử[Tomcity.vn] luật chơi Mèo Nổ Exploding kittens - Mèo cảm tử
[Tomcity.vn] luật chơi Mèo Nổ Exploding kittens - Mèo cảm tử
 
Địa chỉ mua boardgame giá rẻ tốt nhất hà nội
Địa chỉ mua boardgame giá rẻ tốt nhất hà nộiĐịa chỉ mua boardgame giá rẻ tốt nhất hà nội
Địa chỉ mua boardgame giá rẻ tốt nhất hà nội
 
Đồ chơi Board Game BG2207 Tam Quốc Sát: Nội Chiến (phiên bản đầy đủ)
Đồ chơi Board Game BG2207 Tam Quốc Sát: Nội Chiến (phiên bản đầy đủ)Đồ chơi Board Game BG2207 Tam Quốc Sát: Nội Chiến (phiên bản đầy đủ)
Đồ chơi Board Game BG2207 Tam Quốc Sát: Nội Chiến (phiên bản đầy đủ)
 
Hotline đăng ký chạy grab bike
Hotline đăng ký chạy grab bikeHotline đăng ký chạy grab bike
Hotline đăng ký chạy grab bike
 
Đăng ký đối tác lái xe grabcar Đà Nẵng thưởng hấp dẫn
Đăng ký đối tác lái xe grabcar Đà Nẵng thưởng hấp dẫnĐăng ký đối tác lái xe grabcar Đà Nẵng thưởng hấp dẫn
Đăng ký đối tác lái xe grabcar Đà Nẵng thưởng hấp dẫn
 
Thủ tục đăng ký grabcar hà nội [tài xế grabcar; chủ xe grabcar]
Thủ tục đăng ký grabcar hà nội [tài xế grabcar; chủ xe grabcar]Thủ tục đăng ký grabcar hà nội [tài xế grabcar; chủ xe grabcar]
Thủ tục đăng ký grabcar hà nội [tài xế grabcar; chủ xe grabcar]
 
Đăng ký chạy grab xe máy grabbike hà nội (xe ôm grabbike)
Đăng ký chạy grab xe máy grabbike hà nội (xe ôm grabbike)Đăng ký chạy grab xe máy grabbike hà nội (xe ôm grabbike)
Đăng ký chạy grab xe máy grabbike hà nội (xe ôm grabbike)
 
Cách đăng ký làm tài xế grabbike xe ôm Hà Nội
Cách đăng ký làm tài xế grabbike  xe ôm Hà NộiCách đăng ký làm tài xế grabbike  xe ôm Hà Nội
Cách đăng ký làm tài xế grabbike xe ôm Hà Nội
 
Thực hư chuyện chạy grabbike thu nhập 15 triệu/tháng
Thực hư chuyện chạy grabbike thu nhập 15 triệu/thángThực hư chuyện chạy grabbike thu nhập 15 triệu/tháng
Thực hư chuyện chạy grabbike thu nhập 15 triệu/tháng
 
Trung tâm đăng ký Grabbike Hà nội dành cho sinh viên
Trung tâm đăng ký Grabbike Hà nội dành cho sinh viênTrung tâm đăng ký Grabbike Hà nội dành cho sinh viên
Trung tâm đăng ký Grabbike Hà nội dành cho sinh viên
 
Cách đăng ký chạy grab tại Hà Nội
Cách đăng ký chạy grab tại Hà NộiCách đăng ký chạy grab tại Hà Nội
Cách đăng ký chạy grab tại Hà Nội
 
Làm thế nào để trở thành tài xế cho GrabBike?
Làm thế nào để trở thành tài xế cho GrabBike?Làm thế nào để trở thành tài xế cho GrabBike?
Làm thế nào để trở thành tài xế cho GrabBike?
 
Hướng dẫn đăng ký lái xe GrabCar - Grabcar Hà Nội tuyển dụng
Hướng dẫn đăng ký lái xe GrabCar - Grabcar Hà Nội tuyển dụngHướng dẫn đăng ký lái xe GrabCar - Grabcar Hà Nội tuyển dụng
Hướng dẫn đăng ký lái xe GrabCar - Grabcar Hà Nội tuyển dụng
 
Tuyển dụng tài xê xe ôm grabbike Hà Nội tặng 400,000đ
Tuyển dụng tài xê xe ôm grabbike Hà Nội tặng 400,000đTuyển dụng tài xê xe ôm grabbike Hà Nội tặng 400,000đ
Tuyển dụng tài xê xe ôm grabbike Hà Nội tặng 400,000đ
 

Dernier

EIS-Webinar-Prompt-Knowledge-Eng-2024-04-08.pptx
EIS-Webinar-Prompt-Knowledge-Eng-2024-04-08.pptxEIS-Webinar-Prompt-Knowledge-Eng-2024-04-08.pptx
EIS-Webinar-Prompt-Knowledge-Eng-2024-04-08.pptx
Earley Information Science
 
Artificial Intelligence: Facts and Myths
Artificial Intelligence: Facts and MythsArtificial Intelligence: Facts and Myths
Artificial Intelligence: Facts and Myths
Joaquim Jorge
 

Dernier (20)

Strategies for Unlocking Knowledge Management in Microsoft 365 in the Copilot...
Strategies for Unlocking Knowledge Management in Microsoft 365 in the Copilot...Strategies for Unlocking Knowledge Management in Microsoft 365 in the Copilot...
Strategies for Unlocking Knowledge Management in Microsoft 365 in the Copilot...
 
A Domino Admins Adventures (Engage 2024)
A Domino Admins Adventures (Engage 2024)A Domino Admins Adventures (Engage 2024)
A Domino Admins Adventures (Engage 2024)
 
A Call to Action for Generative AI in 2024
A Call to Action for Generative AI in 2024A Call to Action for Generative AI in 2024
A Call to Action for Generative AI in 2024
 
EIS-Webinar-Prompt-Knowledge-Eng-2024-04-08.pptx
EIS-Webinar-Prompt-Knowledge-Eng-2024-04-08.pptxEIS-Webinar-Prompt-Knowledge-Eng-2024-04-08.pptx
EIS-Webinar-Prompt-Knowledge-Eng-2024-04-08.pptx
 
Exploring the Future Potential of AI-Enabled Smartphone Processors
Exploring the Future Potential of AI-Enabled Smartphone ProcessorsExploring the Future Potential of AI-Enabled Smartphone Processors
Exploring the Future Potential of AI-Enabled Smartphone Processors
 
Boost PC performance: How more available memory can improve productivity
Boost PC performance: How more available memory can improve productivityBoost PC performance: How more available memory can improve productivity
Boost PC performance: How more available memory can improve productivity
 
Axa Assurance Maroc - Insurer Innovation Award 2024
Axa Assurance Maroc - Insurer Innovation Award 2024Axa Assurance Maroc - Insurer Innovation Award 2024
Axa Assurance Maroc - Insurer Innovation Award 2024
 
Factors to Consider When Choosing Accounts Payable Services Providers.pptx
Factors to Consider When Choosing Accounts Payable Services Providers.pptxFactors to Consider When Choosing Accounts Payable Services Providers.pptx
Factors to Consider When Choosing Accounts Payable Services Providers.pptx
 
Artificial Intelligence: Facts and Myths
Artificial Intelligence: Facts and MythsArtificial Intelligence: Facts and Myths
Artificial Intelligence: Facts and Myths
 
GenCyber Cyber Security Day Presentation
GenCyber Cyber Security Day PresentationGenCyber Cyber Security Day Presentation
GenCyber Cyber Security Day Presentation
 
From Event to Action: Accelerate Your Decision Making with Real-Time Automation
From Event to Action: Accelerate Your Decision Making with Real-Time AutomationFrom Event to Action: Accelerate Your Decision Making with Real-Time Automation
From Event to Action: Accelerate Your Decision Making with Real-Time Automation
 
Real Time Object Detection Using Open CV
Real Time Object Detection Using Open CVReal Time Object Detection Using Open CV
Real Time Object Detection Using Open CV
 
08448380779 Call Girls In Civil Lines Women Seeking Men
08448380779 Call Girls In Civil Lines Women Seeking Men08448380779 Call Girls In Civil Lines Women Seeking Men
08448380779 Call Girls In Civil Lines Women Seeking Men
 
2024: Domino Containers - The Next Step. News from the Domino Container commu...
2024: Domino Containers - The Next Step. News from the Domino Container commu...2024: Domino Containers - The Next Step. News from the Domino Container commu...
2024: Domino Containers - The Next Step. News from the Domino Container commu...
 
Tata AIG General Insurance Company - Insurer Innovation Award 2024
Tata AIG General Insurance Company - Insurer Innovation Award 2024Tata AIG General Insurance Company - Insurer Innovation Award 2024
Tata AIG General Insurance Company - Insurer Innovation Award 2024
 
A Year of the Servo Reboot: Where Are We Now?
A Year of the Servo Reboot: Where Are We Now?A Year of the Servo Reboot: Where Are We Now?
A Year of the Servo Reboot: Where Are We Now?
 
Scaling API-first – The story of a global engineering organization
Scaling API-first – The story of a global engineering organizationScaling API-first – The story of a global engineering organization
Scaling API-first – The story of a global engineering organization
 
04-2024-HHUG-Sales-and-Marketing-Alignment.pptx
04-2024-HHUG-Sales-and-Marketing-Alignment.pptx04-2024-HHUG-Sales-and-Marketing-Alignment.pptx
04-2024-HHUG-Sales-and-Marketing-Alignment.pptx
 
Handwritten Text Recognition for manuscripts and early printed texts
Handwritten Text Recognition for manuscripts and early printed textsHandwritten Text Recognition for manuscripts and early printed texts
Handwritten Text Recognition for manuscripts and early printed texts
 
Data Cloud, More than a CDP by Matt Robison
Data Cloud, More than a CDP by Matt RobisonData Cloud, More than a CDP by Matt Robison
Data Cloud, More than a CDP by Matt Robison
 

Framework act on e commerce

  • 1. FRAMEWORK ACT ON ELECTRONIC COMMERCE CHAPTER I GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Act is to contribute to the national economy by clarifying the legal concern and ensuring the security and reliability of electronic transaction as well as establishing the framework so as to improve of electronic transactions. Article 2 (Definitions) The definitions of terms used in this Act shall be as follows: 1. "Electronic message" shall mean information which is generated, sent, received or stored in a kind of electronic form by using information processing systems; 2. "Information Processing Systems" shall mean electronic devices or systems which have an information processing ability to be utilized for the generation, transmission·reception or store of electronic messages; 3. "Originator" shall mean a person by whom, or on whose behalf, an electronic message purports to have been generated and sent; 4. "Addressee" shall mean a person who is intended by the originator to receive an electronic message; 5. "Electronic commerce" shall mean a transaction of goods or services the whole or part of which is made by using an electronic message; 6. "Electronic commerce businessman" shall mean a person who conducts Electronic commerce as a major business; 7. "Electronic commerce user" shall mean a person who avails himself of Electronic commerce except for Electronic commerce businessman. Article 3 (Scope) Except as otherwise provided in any other Act or subordinate statute, this Act shall apply to all Electronic commerces using electronic messages. CHAPTER II ELECTRONIC MESSAGES Article 4 (Validity of Electronic Messages) An electronic message shall not be denied its validity only because it takes the electronic form except as otherwise provided in any other Acts. Article 5 (Retention of Electronic Messages) (1) Where an electronic message satisfies the following requirements, the retention of any document as set forth in the relevant Acts and subordinate statutes may be replaced by the retention of the electronic message: 1. The information contained therein is accessible; 2. The electronic message is retained in the format in which it was generated, sent or received, or in a format which can be demonstrated to represent accurately the information generated, sent or received; and 3. Such information, if any, is retained as enables the identification of the origin and
  • 2. destination of an electronic message and the date and time when it was sent or received. (2) For the purpose of paragraph (1), any part of an electronic message the sole purpose of which is to enable the electronic message to be sent or received may not be deemed to constitute the electronic message. Article 6 (Time and Place of Dispatch and Receipt of Electronic Messages) (1) The dispatch of an electronic message shall be deemed to occur when the originator or the person who can represent the originator enters it information processing systems which are able to receive electronic message. (2) The receipt of an electronic message shall be deemed to occur at any time falling under any of the following: 1. If the addressee has designated an Information processing system for the purpose of receiving electronic messages, the time when the electronic message enters that Information processing system: Provided, That if the electronic message is sent to an Information processing systems that is not designated, the time when the electronic message is retrieved by the addressee; or 2. If the addressee has not designated an Information processing system for the purpose of receiving electronic messages, the time when the electronic message enters an Information processing system of the addressee. (3) An electronic message shall be deemed to be dispatched or received at the place where the originator or the addressee has its place of business; in this case, if the originator or the addressee has more than one place of business, the place of business is that which has the closest relationship to the underlying transaction or if there is no underlying transaction, the principal place of business: Provided, That if the originator or the addressee does not have a place of business, reference is to be made to its habitual residence. Article 7 (Case Where Originator is Deemed to have Sent Electronic Messages) (1) An electronic message shall be deemed to be sent by the originator if it was sent by a person who is authorized to do so on behalf of the originator, or by a computer program or any other electronic means intended to send or receive electronic messages automatically on behalf of the originator. (2) In cases falling under any of the following subparagraphs, the addressee of an electronic message may conduct the declaration of intention included to the electronic message when the declaration of intention may be seen that of the originator. 1. Where the addressee has followed any agreed procedure so as to identify that the electronic message has been made by the originator. 2. Where a received electronic message has been transmitted by the originator or a person who has a justifiable reason to reflect a relationship between the originator and a person who is related to a duputy, or a person who is able to prove that the electronic message is the declaration of intention from the addressee or the deputy (3) The paragraph (2) shall not apply in cases falling under any of the following subparagraphs: 1. Where the addressee would be able to have a reasonable time to conduct an indispensible
  • 3. arrangement after the time the addressee has received a notice from the originator that the electronic message was sent against the intention of the originator. 2. Where the addressee would be able to know that the electronic message was sent against the intention of the originator or if he followed any agreed procedure with the originator, or gave reasonable care in this case paragraph (2) 2. Article 8 (Separateness of Electronic Messages Received) Electronic messages received shall be deemed to be separated from each other: Provided, That this shall not apply in case where the addressee would be able to know that electronic messages which are one and the same was sent repeatedly if the addressee followed any agreed acknowledging procedure which is conferred with the originator, or gave reasonable care. Article 9 (Acknowledgement of Receipt) (1) Where the originator has sent the electronic message stating that it is conditional on receipt of the acknowledgement, it shall be deemed as if it had never been sent, until the acknowledgement is received by the originator. In this case, this does not apply in Article 534 of the Civil Act. (2) Where the originator has requested the acknowledgement of receipt of the electronic message without stating that it is conditional on receipt of the acknowledgement, the originator may withdraw the dispatch of the electronic message unless it receives the acknowledgement thereof within a reasonable time (which means the time specified by the originator, or the time agreed upon by the originator and the addressee). Article 10 (Adaptation by Agreement between the originator and the addressee) The originator and the addressee may conduct an agreement against the provisions of Articles 6 through 9, except as otherwise provided in other Acts and subordinate statutes. Article 11 (Matters concerning Digital Signatures) When the electronic commerce is intended to conduct, any matters concerning electronic signature shall be deemed as a condition prescribed by the electronic signature Act. CHAPTER III THE SECURITY OF ELECTRONIC COMMERCE AND CONSUMER PROTECTION Article 12 (Protection of Personal Information) (1) The Government shall formulate and implement necessary policies for protecting the personal information of the electronic commerce users so as to ensure the security and reliability of electronic commerce. (2) Electronic commerce businessmen shall follow concerning provisions as well as the act on promotion of information and communications network utilization and information protection, etc. in collecting·using·providing and controlling personal information of the electronic commerce users. Article 13 (Protection of Business Secret) (1) The Government shall formulate and implement necessary policies for protecting the personal information of the electronic commerce users so as to protect the Business secret of the electronic commerce users. (2) Electronic commerce businessmen(including a person who is entrusted the operation of
  • 4. Information processing systems) shall adopt any measures in order to protect the Business secret of the electronic commerce users. (3) Electronic commerce businessmen shall not provide or reveal the fact that the business secrets of users to any other person without obtaining an agreement from the electronic commerce users. (4) Any necessary matters concerning paragraph (1) or (3), criteria for the scope of business secret and protective measure, etc. shall be set forth in the Presidential Decree. Article 14 (Use of Encrypted Products) (1) The businessman of electronic commerce may use the encrypted products to guarantee the security and reliability of electronic commerce. (2) The Government may restrict the use of encryption technology where it is deemed necessary for national security, etc., and take any necessary measures to gain access to the original of encoded information or encryption technology. Article 15 (Establishment and Implementation of the Consumer protection policy, etc.) (1) The Government shall formulate and implement necessary policies for protecting the fundamental right and interest of consumers and ensuring the reliability of consumers related to electronic commerce to the relevant Acts and subordinate statutes including Consumer Protection Act and Door to Door sales, etc. Act. (2) The Government may encourage the establishment of the norm and course of action autonomously to the businessman of electronic commerce or the institute of electronic commerce businessman in order not to occur an unreasonable behavior related to electronic commerce hereafter. Article 16 (Prevention and Remedy of Consumer Damages) (1) The Government shall formulate and implement necessary policies with respect to provision of information and extension of education for consumers to prevent the occurrence of consumer damages related to electronic commerce. (2) The Government shall formulate and implement necessary policies for the prompt and fair settlement of consumers' complaints and damages related to electronic commerce. Article 17 (General Observance Matters of electronic commerce businessman) Electronic commerce businessmen shall observe the following matters to protect consumers related to electronic and to ensure the security and reliability of electronic commerce: 1. Provision accurate information concerning trade name(including the name of the representative in case of a juristic person) and information related to himself etc, as well as goods, services and the condition of contract etc,. 2. Provision and preservation of an agreement to make consumers access and acknowledge easily. 3. Provision of procedures which Consumers may cancel or change the orders of themselves. 4. Provision of procedures which may the cancellation of subscription, exchange and returns easily. 5. Provision of procedures which may deal with the complaint and requirement of consumers promptly as well as fairly. 6. Preservation of business documents which are necessary the proof of transactions for
  • 5. reasonable time. Article 18 (Certification for the businessman of electronic commerce) The Government may support a certification business for the excellent businessman of electronic commerce so as to protect consumers and to sound development of electronic commerce businessmen. CHAPTER Ⅳ ESTABLISHMENT OF BASIC POLICES FOR ELECTRONIC COMMERCE AND DEVELOPMENT SYSTEMS Article 19 (Principle of basic policies for electronic commerce and obligation of the Government) The Government shall formulate and implement basic policies based on such principles as encouraged private sector initiative, minimized governmental restrictions, enhanced security and reliability of electronic commerce, and strengthening of international cooperation, etc. Article 20 (Formulation and Implementation of Electronic Commerce Promotion Program) (1) The Government shall formulate and implement a program (hereinafter referred to as the "electronic commerce promotion program") in accordance with the principle of basic policies for electronic commerce as prescribed by Article 19, which contains the following: 1. Basic framework of electronic commerce promotion program; 2. Matters concerning international norms with respect to electronic commerce; 3. Matters concerning the electronic payment system; 4. Matters concerning protecting intellectual property rights; 5. Matters concerning protecting the interests of electronic commerce; 6. Matters concerning guaranteeing the security and reliability of electronic commerce; 7. Matters concerning developing and standardizing information technology with respect to electronic commerce; 8. Matters concerning further promoting environments suitable for, and creating demand for, electronic commerce; 9. Matters concerning international cooperation with respect to electronic commerce; 10. Matters concerning supporting the buildup of the infrastructure necessary to promote electronic commerce; 11. Matters concerning establishing high-speedy telecommunication networks and facilitating the use thereof; and 12. Other matters necessary to promote electronic commerce. (2) The heads of relevant central administrative agencies(hereinafter referred to as the "relevant central administrative agencies") shall formulate sectional programs for any such matters falling under subparagraphs of paragraph (1) as are under their respective jurisdiction and shall take them into the consideration in establishing and implementing their major policies. (3) When the Minister of Commerce, Industry and Energy intends to formulate the electronic commerce promotion program, he shall have it established by the Informationization Committee in accordance with Article 8 of the Framework Act on the Informationization Promotion, after
  • 6. combining all the sectional programs of relevant central administrative agencies and then referring them to the Committee on Electronic Commerce Policy for deliberation in accordance with Article 21 hereof. Article 21 (Committee on Electronic Commerce Policy) (1) A Committee on Electronic Commerce Policy (hereinafter referred to as the "Policy Committee") shall be established to deliberate matters related to promoting electronic commerce. (2) The Policy Committee shall deliberate the following matters: 1. The electronic commerce promotion program; 2. The assesment of the performance of the electronic commerce promotion program; 3. The coordination of the policies for promoting electronic commerce or the programs of the relevant central administrative agencies; or 4. Other matters referred to it for deliberation by the Chairman thereof as major policy issues to promote electronic commerce. (3) The Policy Committee shall be composed of less than 30 members of committee including the chairman of the committee. (4) The chairman of the committee shall be the Vice-Minister of Commerce, Industry and Energy and the Minister of Commerce, Industry and Energy shall appoint the person as the member of the committee among government officials of class 3 or more than correspond to class 3 who have taken charge of duties(activities) concerning electronic commerce or persons who have a lot of knowledge and experience related to electronic commerce. (5) Other necessary matters relating to the composition and operation of the Policy Committee shall be prescribed by the Presidential Decree. Article 22 (Korea Institute for Electronic Commerce) (1) A Korea Institute for Electronic Commerce (hereinafter referred to as the "KIEC") shall be established for the efficient and systematic implementation of projects and businesses to promote electronic commerce as well as to support the development of policies related to electronic commerce. (2) The KIEC shall be a juristic person. (3) The KIEC shall conduct the following projects with respect to electronic commerce: 1. Domestic or world-wide survey and research, and businesses for publishing, public relations and promotions; 2. Institutional research and other businesses for creating environments suitable for the promotion of electronic business; 3. Research and development of information standards, distribution and activity of international standards in accordance with Article 24; 4. Projects for supporting the development of information technology under Article 25; 5. Projects for Certification to an excellent electronic commerce businessmen as prescribed Article 18; 6. Projects for international exchanges and cooperation to promote electronic commerce in accordance to Article 29; 7. Operation of the Korea EDI Committee under Article 23 (2); and 8. Operation of the Electronic Commerce Mediation Committee as prescribed Article 32;
  • 7. 9. Other businesses entrusted by the Minister of Commerce, Industry and Energy or the heads of the relevant central administrative agencies. (4) The KIEC may conduct a profitable projects under the conditions as prescribed by the Presidential Decree to supply necessary expenses for attainment of an object pursuant to paragraph (1). (5) The Government may support the whole or part of the expenses for operating of the KIEC within the limit of the relevant budget. (6) The KIEC may be contributed money from the businessman of electronic commerce to appropriate for necessary expenses for the operation or business performance of KIEC. (7) The KIEC may collect fees from the persons who use the information standards developed by itself, under the conditions as prescribed by the Presidential Decree. (8) The relevant provisions of the Civil Act with respect to the foundation shall apply mutatis mutandis to the KIEC except as otherwise provided by this Act. (9) The relevant provisions of the Civil Act with respect to the foundation shall apply mutatis mutandis to the KIEC except as otherwise provided by this Act. CHAPTER PROMOTION OF ELECTRONIC COMMERCEⅤ Article 23 (Promotion of using electronic messages) The Government shall formulate and implement necessary policies for the consolidation of concerning Acts etc, to promote the use of electronic messages. Article 24 (Standardization of Electronic Commerce) (1) The Government shall implement the following measures in order to the efficient operation of electronic commerce and to the guarantee of interchangeability of related information technologies: 1. Establishment, revision, repeal and distribution of standards with respect to electronic messages; 2. Research and development of domestic and foreign standards relating to electronic commerce; and 3. Other matters necessary to standardize electronic commerce. (2) The Korea EDI Committee shall be established pursuant to the Presidential Decree in the Ministry of Commerce, Industry and Energy so as to research, deliberate and decide the standardization of electronic messages as prescribed in paragraph (1) 1. (3) The Government may, if necessary for the efficient implementation of the matters as set forth in each subparagraph of paragraph (1), have the relevant research institutes and non-government organizations act on its behalf. In this case, it may support the required expenses to them in accordance with the Presidential Decree. Article 25 (Development of Information Technology for electronic commerce) The Government shall perform the following measures in accordance with the relevant Acts and subordinate statutes so as to develop the information technology necessary to promote electronic commerce and to enhance technology standards: 1. Research of technical standards for electronic commerce, research and development of
  • 8. information technology and practical use of the developed technology; 2. Cooperation with respect to the technology of electronic commerce, the direction and the transfer thereof; 3. Smooth distribution of technology information and industrial - educational - researchable cooperation on electronic commerce; and 4. Other necessary matters for the development of technology of electronic commerce. Article 26 (Education of special human resources for electronic commerce) (1) The Government shall try to educate professional human resources necessary to the promotion of electronic commerce. (2) The Government may support the whole or part of the expenses necessary for operating the business to train special human resources that research institutes including a research institute which is appropriated by the Government etc, under the act on the establishment, operation and fosterage of Government Invested research Institutions and universities pursuant to the higher education Act as well as non-government organizations and other relevant organizations in accordance with paragraph (1). (3) Any necessary matters concerning the support of expenses for special human resource education institutes of electronic commerce in accordance with paragraph (2) shall be prescribed by the Presidential Decree. Article 27 (Promotion of electronic commerce for public sectors) The Government agency, local self-governing bodies, government investment agencies or public organizations etc,. (hereinafter referred to as the "The Government agency, etc.") shall formulate and implement programs so as to conduct businesses of agency as electronic commerce or procurement of goods or services necessary in operation of the business. Article 28 (Electronic Commerce Statistics etc, a fact-finding survey) (1) The Minister of Commerce, Industry and Energy may conduct electronic commerce statistics etc, a fact-finding survey so as to the effective formulation and implementation of electronic commerce promotion policies. In this case, Statistics Act shall apply when electronic commerce statistics intends to be generated. (2) The Minister of Commerce, Industry and Energy may require a presentation of related materials or a statement of opinions to the Government agencies, electronic commerce businessmen or juristic persons and organizations related to electronic commerce if necessary for the fact-finding survey including electronic commerce statistics etc., in accordance with paragraph (1). (3) Where they are required to the presentation of related materials etc, pursuant to paragraph (1) from the Minister of Commerce, Industry and Energy, the Government agencies, electronic commerce businessmen or juristic persons and organizations related to electronic commerce shall cooperate positively with such the demand. (4) Any necessary matters concerning the performance of the fact-finding survey, electronic commerce statistics etc., shall be prescribed by the Presidential Decree. Article 29 (Internationalization of Electronic Commerce) (1) The Government may support the projects or businesses for exchanges of the relevant information, technology and manpower,
  • 9. joint research and development and technical cooperation as well as international standardization, etc. so as to promote the international cooperation with respect to electronic commerce. (2) The Government shall make an effort to facilitate launching into foreign market of electronic commerce businessmen as well as to cope with and participate in a controversy of international organizations related to electronic commerce. Article 30 (Electronic Commerce Support Center) (1) The Government shall formulate and implement necessary policies to promote electronic commerce of small and medium enterprises. (2) The Minister of Commerce, Industry and Energy may, for the purpose of promoting electronic commerce of small and medium enterprises, designate any institute which conducts businesses for supporting education and training, technical guidance, management consultation and information provision, etc. as the Electronic Commerce Support Center (hereinafter referred to as the "ECSC"). (3) Any necessary matters concerning the designation of the ECSC, criteria for the withdrawal of such designation, report for the achievement of promotion programs and support of expenses etc., shall be set forth in the Presidential Decree. Article 31 (Support for promotion of electronic commerce) (1) The State or the local government may grant the preferential taxation treatment such as regulation of tax reduction and exemption Act and Local Tax Act etc., pursuant to tax-related Acts in order to promote electronic commerce. (2) The Government may support part of the expenses therefor to the limit of the relevant budget if any juristic person or organization related to electronic commerce performs a project which is prescribed by the electronic commerce promotion program. CHAPTER ELECTRONIC COMMERCE MEDIATION COMMITTEEⅥ Article 32 (Establishment and Composition of Electronic Commerce Dispute Mediation Committee) (1) A Electronic Commerce Dispute Mediation Committee (hereinafter referred to as the "Dispute Mediation Committee") shall be established to mediate any dispute over Electronic Commerce. (2) The Committee shall consists of not less than fifteen but not more than fifty members including one chairman. (3) The members shall be appointed or commissioned by the Minister of Commerce, Industry and Energy from among the persons falling under any of the following subparagraphs, and the chairman shall be elected from among the members. 1. Persons who presently serve or have served in universities as associate professors or higher and in publically recognized research institutes as researchers with their positions corresponding to the former and majored in a field relating to electronic commerce; 2. Public officials of Grade IV or higher or persons who presently work or have worked in public institutions with their positions corresponding to the former and have experiences in dealing with the affairs of electronic commerce;
  • 10. 3. Persons who holds qualifications of judges, prosecutors, or attorneys-at-law; 4. Persons recommended by nonprofit nongovernmental organizations established pursuant to Article 2 of the Assistance for Nonprofit Non-governmental Organizations Act; 5. Other persons who have knowledge and experience in dealing with electronic commerce and dispute mediation. (4) The members of the Committee shall be non-standing, and the terms of office for the members shall be 2 years and they may be reappointed or recommissioned. (5) A secretariat shall be established in the Korea Institute for Electronic Commerce pursuant to Article 22 to support the Dispute Mediation Committee's affairs. (6) Any necessary matters for the qualification of the members and the guarantee of their status as well as the exclusion, exception and refrainment of the members shall be determined by the Presidential Decree. Article 33 (Mediation of Dispute) (1) Any person who wants to refer any dispute conciliation and loss redemption over the electronic commerce may request a mediation of the dispute to the Committee. (2) The Committee shall, upon receiving an application for mediating a dispute under paragraph (1), advise to parties involved in the dispute and make out a draft mediation within 45 days from the date of receiving such application: Provided, That if there are unavoidable circumstances for extending the period, the Dispute Mediation Committee shall notify to parties involved in the dispute and specify the reason and period for extending. (3) The Committee may commit the department of mediation which is composed of within three members to the mediation of dispute, if necessary matters for the mediation of dispute in accordance with paragraph (2). Article 34 (Request for Materials, etc.) (1) The Dispute Mediation Committee may ask parties involved in a dispute or relevant witnesses to provide materials necessary to mediate the dispute. In this case, the relevant parties shall comply with the request unless the justifiable grounds exist that make it impossible for them to do so. (2) The Committee may, when it is deemed necessary, get parties involved in a dispute or relevant witnesses to be present at a meeting of the Dispute Mediation Committee to hear their opinions. Article 35 (Effect of Mediation) (1) The Mediation shall be concluded in cases falling under any of the following subparagraphs: 1. Where parties involved in the dispute shall agree to a mediation recommendation in accordance with Article 33 (2). 2. Where parties involved in the dispute shall submit a written agreement for the mediation which is made by themselves in the Committee. (2) The committee shall prepare a written mediation and the parties involved in the dispute shall subscribe their names thereto and affix their seals thereon in case of paragraph (1). (3) The written agreement for the mediation under paragraph (2) shall have the full force and effect of a mutual agreement between parties. Article 36 (Rejection and Suspension of Mediation) (1) The Committee shall give parties
  • 11. involved in the dispute a notice that the mediation has been rejected and suspended in cases falling under any of the following: 1. Where an application of dispute mediation shall be withdrawn or any side of parties involved in the dispute shall decline the mediation of dispute. 2. Where parties involved in the dispute shall reject the mediation plan of the committee. 3. Where filed a lawsuit in a law court to the dispute mediation case. 4. Where it is deemed that it is inappropriate for the committee to mediate the case in the light of its nature. Article 37 (Expenses for Mediation, etc.) (1) The Committee may bear the expenses for mediation to parties who are applied for the dispute mediation pursuant to the Presidential Decree. (2) The Government may contribute or subsidize the expenses necessary for the operation of the Committee within the scope of the budget. Article 38 (Operation of the Committee) With the exception of what is prescribed in Articles 36 through 39, necessary matters concerning the operation of the Committee and the mediation department as well as the procedures for mediating any dispute, etc. shall be prescribed by the Presidential Decree. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 39 (Delegation and Entrustment of Authorities) Part of authorities of the Minister of Commerce, Industry and Energy under this Act may be delegated to the heads of organizations under his control or local governments, or entrusted to the heads of the relevant central administrative agencies in accordance with the Presidential Decree. Article 40 (Reciprocity) This Act shall be applied to individuals and juristic persons of foreign states: Provided, That individuals and juristic persons of any foreign state which does not grant counterparts of the Republic of Korea the protection equivalent to that under this Act may be granted the correspondingly restricted extent of the protection under this Act or said international treaties in the Republic of Korea. ADDENDA Article 1 (Enforcement Date) This Act shall enter into force on July 1, 2002. Article 2 (Transitional Measures concerning Designation of Electronic Commerce Support Center) The institution which has been designated as an Electronic Commerce Support Center in accordance with previous Article shall be deemed to be designated as the ECSC in accordance with Article 30 (1) hereof. Article 3 (Relation with other Acts) If other Acts and subordinate statutes cite the former framework Act on Electronic commerce or the provision at the time this Act enters into force, this Act or the corresponding provisions in this Act shall be regarded as being cited.