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1.
Government approach
How can the government’s attitude and approach to internet issues best be described?To read more
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2.
Legislation
What legislation governs business on the internet?To read more
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3.
Regulatory bodies
Which regulatory bodies are responsible for the regulation of e-commerce, data protection and internet access tariffs and charges?To read more
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4.
Jurisdiction
What tests or rules are applied by the courts to determine the jurisdiction for internet-related transactions or disputes in cases where the defendant is resident or provides goods or services from outside the jurisdiction?To read more
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5.
Establishing a business
What regulatory and procedural requirements govern the establishment of digital businesses in your jurisdiction? To what extent do these requirements and procedures differ from those governing the establishment of brick-and-mortar businesses?To read more
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6.
Contract formation
Is it possible to form and conclude contracts electronically? If so, how are contracts formed on the internet? Explain whether ‘click wrap’ contracts are enforceable, and if so, what requirements need to be met?To read more
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7.
Applicable laws
Are there any particular laws that govern contracting on the internet? Do these distinguish between business-to-consumer and business-to-business contracts?To read more
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8.
Electronic signatures
How does the law recognise or define digital or e-signatures?To read more
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9.
Data retention
Are there any data retention or software legacy requirements in relation to the formation of electronic contracts?To read more
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10.
Breach
Are any special remedies available for the breach of electronic contracts?To read more
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11.
Security measures
What measures must be taken by companies or ISPs to guarantee the security of internet transactions? Is encryption mandatory?To read more
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12.
Government intervention and certification authorities
As regards encrypted communications, can any authorities require private keys to be made available? Are certification authorities permitted? Are they regulated and are there any laws as to their liability?To read more
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13.
Electronic payments
Are there any rules, restrictions or other relevant considerations regarding the use of electronic payment systems in your jurisdiction?To read more
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14.
Are there any rules or restrictions on the use of digital currencies?To read more
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15.
Registration procedures
What procedures are in place to regulate the licensing of domain names? Is it possible to register a country-specific domain name without being a resident in the country?To read more
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16.
Rights
Do domain names confer any additional rights beyond the rights that naturally vest in the domain name?To read more
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17.
Trademark ownership
Will ownership of a trademark assist in challenging a ‘pirate’ registration of a similar domain name?To read more
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18.
Dispute resolution
How are domain name disputes resolved in your jurisdiction?To read more
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19.
Regulation
What rules govern advertising on the internet?To read more
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20.
Definition
How is online advertising defined? Could online editorial content be caught by the rules governing advertising?To read more
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21.
Misleading advertising
Are there rules against misleading online advertising?To read more
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22.
Restrictions
Are there any products or services that may not be advertised on the internet?To read more
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23.
Hosting liability
What is the liability of content providers and parties that merely host the content, such as ISPs? Can any other parties be liable?To read more
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24.
Regulation
Is the advertising or selling of financial services products to consumers or to businesses via the internet regulated, and, if so, by whom and how?To read more
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25.
ISP liability
Are ISPs liable for content displayed on their sites? How can ISPs limit or exclude liability?To read more
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26.
Shutdown and takedown
Can an ISP shut down a web page containing defamatory material without court authorisation?To read more
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27.
Third-party links, content and licences
Can a website owner link to third-party websites without permission?To read more
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28.
Can a website owner use third-party content on its website without permission from the third-party content provider? Could the potential consequences be civil in nature as well as criminal or regulatory?To read more
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29.
Can a website owner exploit the software used for a website by licensing the software to third parties?To read more
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30.
Are any liabilities incurred by links to third-party websites?To read more
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31.
Video content
Is video content online regulated in the same way as TV content or is there a separate regime?To read more
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32.
IP rights enforcement and remedies
Do authorities have the power to carry out dawn raids and issue freezing injunctions in connection with IP infringement?To read more
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33.
What civil remedies are available to IP owners? Do they include search orders and freezing injunctions?To read more
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34.
Definition of ‘personal data’
How does the law in your jurisdiction define ‘personal data’?To read more
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35.
Registration requirements
Do parties involved in the processing of personal data, such as website owners, have to register with any regulator to process personal data?To read more
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36.
Cross-border issues
Could data protection laws and regulatory powers apply to organisations or individuals resident outside of the jurisdiction?To read more
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37.
Customer consent
Is personal data processed on the basis of customer consent or other grounds? What is the commonly adopted mechanism for obtaining customer consent or establishing the other grounds for processing?To read more
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38.
Sale of data to third parties
May a party involved in the processing of personal data, such as a website provider, sell personal data to third parties, such as personal data about website users?To read more
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39.
Customer profiling
If a website owner is intending to profile its customer base to carry out targeted advertising on its website or other websites visited by its customers, is this regulated in your jurisdiction?To read more
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40.
Data breach and cybersecurity
Does your jurisdiction have data breach notification or other cybersecurity laws specific to e-commerce?To read more
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41.
What precautionary measures should be taken to avoid data breaches and ensure cybersecurity?To read more
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42.
Insurance
Is cybersecurity insurance available and commonly purchased?To read more
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43.
Right to be forgotten
Does your jurisdiction recognise or regulate the ‘right to be forgotten’?To read more
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44.
Email marketing
What regulations and guidance are there for email and other distance marketing?To read more
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45.
Consumer rights
What rights and remedies do individuals have in relation to the processing of their personal data? Are these rights limited to citizens or do they extend to foreign individuals?To read more
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46.
Online sales
Is the sale of online products subject to taxation?To read more
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47.
Server placement
What tax liabilities ensue from placing servers outside operators’ home jurisdictions? Does the placing of servers within a jurisdiction by a company incorporated outside the jurisdiction expose that company to local taxes?To read more
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48.
Company registration
When and where should companies register for VAT or other sales taxes? How are domestic internet sales taxed?To read more
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49.
Returns
If an offshore company is used to supply goods over the internet, how will returns be treated for tax purposes? What transfer-pricing problems might arise from customers returning goods to an onshore retail outlet of an offshore company set up to supply the goods?To read more
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50.
Legality
Is it permissible to operate an online betting or gaming business from the jurisdiction?To read more
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51.
Are residents permitted to use online casinos and betting websites? Is any regulatory consent or age, credit or other verification required?To read more
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52.
Key legal and tax issues
What are the key legal and tax issues relevant in considering the provision of services on an outsourced basis?To read more
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53.
Employee rights
What are the rights of employees who previously carried out services that have been outsourced? Is there any right to consultation or compensation, and do the rules apply to all employees within the jurisdiction?To read more
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54.
Content liability
When would a website provider be liable for mistakes in information that it provides online? Can it avoid liability? Is it required or advised to post any notices in this regard?To read more
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55.
Databases
If a website provider includes databases on its site, can it stop other people from using or reproducing data from those databases?To read more
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56.
Venues
Are there any specialist courts or other venues in your jurisdiction that deal with online/digital issues and disputes?To read more
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57.
ADR
What alternative dispute resolution (ADR) methods are available for online/digital disputes? How common is ADR for online/digital disputes in your jurisdiction?To read more
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Updates and trends
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