Bangladesh electronic signature. Statement of Problem: When people

Bangladesh
has seen a technological revolution despite being a third world country.

In
the late 1990, Bangladesh started work with E-commerce.1
During the period of 2000 to 2008 E-commerce sector of Bangladesh observed slow
growth.2
But in 2009 Bangladesh bank officially allowed the online payment system in
e-commerce sector.3
In the year of 2013, Bangladesh Association of Software and Information
Services (BASIS) and Bangladesh Bank jointly observed “E-Commerce Week” for the
first time in the country, supported by ICT Business Promotion Council. 4

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E-commerce
is convenient for consumer because it brings several benefits. Moreover, since consumers
can obtain diverse information including the information about prices, hence,
they also can compare the price from different suppliers.5 On
the other hand, there are also some disadvantages in performing e-commerce
activities.6
The common disadvantage is fraud that might happen to any consumer that a
consumer has paid but the goods failed to arrive at his premises.7

Bangladesh government has made some
efforts in establishing a regulatory framework for transactions over electronic
media. Drafting such a law is a major task and is unlikely to be successful if
done by part-timers on voluntary basis as attempted by the government. Though
there is no specific legal framework of international or national laws for
e-commerce, additional laws have been enacted or are in the process in many
countries. Moreover, UNCITRAL in 1996 has adopted a model law on electronic
commerce and some of our neighboring countries like India has also enacted laws
recognizing evidence and validity of electronic signature and contracts. This
can be used as a basis for development of local laws and regulations.8 E-commerce cannot happen in the
absence of legal and regulatory system to give confidence and trust in this
mode of transaction. Necessary cyber laws need to be framed and enacted as soon
as possible for security and encryption, consumer protection and privacy, certification,
authentication and recognition of electronic signature.

Statement of Problem:

When people do e-commerce they are
facing contractual and signature problem even the consumer rights also may
affect. Sometimes consumer also performs with illegal acts. To prevent the
problem of online contract and signature and to prevent the illegal act done by
consumer and to protect the rights of consumer we have to strongly maintain the
Consumer Rights Protect ACT 2009 and (The Law of Information Technology)9.

Question analysis:

The research question of this thesis
is: What are the similarities, differences, and possible improvements that
Bangladesh could adopt when comparing its regulation on electronic commerce regarding
consumer rights protection with the protection of e-signature and e-contract?

1.     
Whether an electronic contract is
legally binding in Bangladesh perspective and what is the evidential value
e-contract?

2.     
Is electronic signature has validity
in the eye of law?

3.     
Is the rights of consumer are strongly
protected by law?

Methodology:

The
methodology of this thesis is to perform a comparative legal study between the
law of Bangladesh and other countries by collecting secondary data relating to
e-commerce and information have gathered through Internet browsing, ACTs, Research
paper etc. Primary data and information also have
collected through using observation and interview method.

Bibliography

·        
ICT Act 2006

·        
Consumer’s Right Protection Act 2009

·        
The Evidence Act, 1872

·        
Law Commission- Bangladesh

1 E-Commerce
Association of Bangladesh

2 Ibid

3
Ibid                                                                                                         

4 Ibid

5 http://www.sagepub.com/upm-data/9598_019964Ch1.pdf

6 Ibid

7http://www.bbc.co.uk/schools/gcsebitesize/ict/implications/1lifestylerev3.shtml

8 https://www.dhakachamber.com/economic_policy/E-Commerce_A_Business_LinkF.pdf

9Law
Commission-Bangladesh http://www.lawcommissionbangladesh.org/wplit.html

 

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