E-Commerce regulation is being in progress by WB funding

Sunday, December 14, 2014

An Inter-ministerial Working Group on E-commerce has been established and draft e-commerce legislation has been slowly moving through the various processes that will lead to its enactment. The draft law contains provisions for e-government and e-payment. It is based on the UNCITRAL Model Law on E-commerce, but also includes some broader issues such as cybercrime, consumer protection in online transactions and content regulation. No significant work has been undertaken at this stage on data protection.

The first phase of development of the draft legislation was supported by UNCTAD. This included brainstorming with stakeholders, the circulation of questionnaires on specific issues, and the development of an early draft of the legislation based largely on the UNCITRAL Model Law on Electronic Commerce.

The second phase of the development of the laws has been supported by the World Bank. A plan of action has been submitted to the Cambodia Trade Development Support Programme (TDSP). At the time of writing Cambodia was in the process of recruiting consultants to assist with implementation of this phase of work. A broader project proposal relating to capacity-building is also being developed.

The current draft legislation being considered in phase two is broader than the original phase one model. It is a comprehensive, omnibus-style law, with 10 parts and 62 articles, covering a wide range of cyberlaw issues. These include:

  • Part 1: General provisions;
  • Part 2: Validity of electronic communications;
  • Part 3: Communication process;
  • Part 4: Security service providers;
  • Part 5: Intermediaries and electronic commerce service providers;
  • Part 6: Consumer protection;
  • Part 7: Government acts and transactions;
  • Part 8: Offences against confidentiality, integrity and availability;
  • Part 9: Evidence;
  • Part 10: Electronic funds transfer.

 

Source: Review on e-commerce regulation

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