Law week 5

E-Commerce Introduction

• E-commerce (Electronic Commerce) is the use of the Internet, the World Wide Web, and mobile applications to transact business.
• Formal definition: Digitally-enabled commercial transactions between and among organizations and individuals.
• Also called "digital commerce" in some literature.

E-Commerce Features

• Consumers are viewed as passive targets of advertising campaigns in traditional commerce.
• Information about prices, costs, and fees could be hidden from consumers in traditional commerce.
• Internet, World Wide Web, and Mobile Platforms are key technologies underlying e-commerce.

Types of E-Commerce

• By market relationship:
  • Business-to-Consumer (B2C)
  • Business-to-Business (B2B)
  • Consumer-to-Consumer (C2C)
• By marketing campaign:
  • Social e-commerce
  • Mobile e-commerce
  • Local e-commerce

E-Commerce Growth

• Total internet users in Thailand are a key indicator for e-commerce success.
• B2C e-commerce has grown exponentially since 1995.

Contracts

• A contract is a legally enforceable agreement between two or more parties that creates an obligation to do (or not to do) particular things.
• Parties can be individuals or legal persons.

Elements of Contract

• Two or more parties with a mutual agreement.
• Contractual capacity (parties must be sui juris and competent to enter a contract).
• Purpose of the contract (each party promises to perform an act or abstain from performing an act).
• Formation of contract: Offer and acceptance.
• Form of the contract.

Informal Contracts

• Everyday transactions like buying groceries, getting a haircut, or taking public transport are examples of informal contracts.
• Informal contracts have no specific legally defined form and are formed by meeting of the mind.
• Written evidence or signatures are not required for legal enforceability.

Offer and Acceptance

• An offer is an expression of willingness to agree on certain terms without further negotiations.
• Acceptance of an offer must be communicated to the offeror by the offeree.
• Thai Civil and Commercial Law Code:
  • A person making an offer at a distance cannot withdraw it within a reasonable time for acceptance.
  • An offer made to a person present can only be accepted immediately.

Formal Contracts

• Some contracts require a written document with specific form prescribed by law, like a sale of immovable property.

Thai Electronic Transactions Act

• Thai Electronic Transactions Act B.E. 2544 addresses electronic transactions.
• Covers topics like electronic transactions, electronic signatures, service businesses related to electronic transactions, electronic transactions in the public sector, Electronic Transactions Commission, and penalties.
• Applies to all civil and commercial transactions using data messages, except for transactions excluded by royal decree.

Definitions in Thai Electronic Transactions Act

• Transaction: Any act relating to civil and commercial activity or carrying out of the affairs of the State
• Electronics: Application of electron, electrical, electromagnetic, optical, magnetic means, or devices related to these.
• Electronic Transaction: Transaction using an electronic means in part or whole.
• Information: Incident or fact, regardless of form.
• Data Message: Information generated, sent, received, stored, or processed by electronic means (e.g. EDI, email, telegram, telex, fax).