Question

The world post Covid 19 has created the concept of social distancing which will impact on the way we do business. Online purchasing is expected to increase because it will reduce human interaction and contribute to the reduction of Covid 19 related illnesses. However, online purchases have created contemporary legal issues which may be a novel for most legal systems in several Caribbean Countries.

You are required to critically discuss the concept of online purchases and the various methods used in online transactions with supporting case laws.

Secondly, critically discuss FIVE (5) CONTEMPORY CASE LAWS related to online purchasing at the International Level, focusing on the judgements handed down in those cases and most importantly how do you think that will impact on the Caribbean online purchaser.

  

Finally, bearing in mind your answers above; what do you think (your opinion) that Caribbean Governments can initiate via its legal systems to enhance and protect online purchasers legal rights?

Answer 1

In the background of Covid 19, the concept of social distancing will impact on the ways of doing the business. Online purchasing is increasing and it reduces human interaction and direct contribution, and it reduces the covid 19 illness and related issues. In the legal system, online purchases have created legal issues in several Caribbean countries. The role of serving justice also plays a significant role through the virtual platforms and the enactment of legal rights is crucial during the crisis time and the role of technology holds a lead part in every action and activity of the government.

The legal system in Caribbean countries is described as mixed and the laws are based on the former colonial administrations. Modern problems required modern solutions, especially during the technology-related and online related issues in the country. In this decade, the legal impact on information technology is high, and major laws are drafted and passed in the forums and implemented through tribunals and supreme courts. But still, the e-issues and relating issues are pertaining to the Caribbean countries. According to the background of UNCTAD Global Cyberlaw Tracker, around 77 percent of countries' regions have adopted certain laws on electronic transactions, 72 percent on the cybercrimes, 52 percent on the privacy-related and data protection, and 50 percent on the protection of consumers while in the online. The various methods that are using for online transactions are debit cards, credit cards, e-wallets, bank transfers, and direct deposits.

Five Contemporary Case Laws in Online Purchasing

Across the Caribbean countries, there have been different kinds of initiatives that aiming at fostering the use of information’s, and communications technologies (ICTs) and this final report examines the legal, judiciary, and regulatory framework for the e-commerce in 10 Caribbean countries: Antigua, and Barbuda, Barbados, Bahamas, Cuba, Costa Rica, El Salvador, Jamaica, Suriname, Santa Lucia, and Trinidad and Tobago. These below laws are categorized under e-commerce laws and they are electronic transaction laws, consumer protection laws, data protection laws, cybercrime laws, domain names laws, and online content laws.

These laws directly impact the Caribbean online users and ensure the protection of the users. The progress and harmonization in the area of electronic transaction laws or the online related or supporting laws. During the pandemic time, more and more people using the online platform to purchase the items, and these increase the volatility of the threats, and the system have to monitor the online norms and regulations to safeguard the interests of the buyer and seller and opt for a safe e-commerce online transactions.

Caribbean Government and Legal Systems

Yes, the Caribbean Governments already initiated laws via its legal systems to upgrade, enhance, and protect the online purchaser’s legal rights by drafting, amendment and passing the laws. The laws are to protect the privacy of the users, consumer protection in online platforms, electronic transaction laws, and cyber laws to protect the rights of online purchasers. Examples of few laws: Electronic Transactions Act 2006 (ETA), Consumer Protection and Safety Act 1988, Electronic Transactions Act 2006, Domain Deletion Policy, Computer Misuse Act (2011) (CMA), and Cyber Crime Bill 2014.