Ecommerce law Essay Example | Topics and Well Written Essays - 750 words

Ecommerce law - Essay Example Suppliers, on the other hand, are limited to bring a dispute only in the MS of the consumer's domicile (Art. 162). These rules are not limited by the 'means' that the contract was concluded (Art 151c), such that it covers contracts concluded electronically, extending the protection to e-consumers. English Common Law, on the other hand holds that the choice of law will be that chosen by the parties6 unless it is not bona fide or illegal7 and can only be overridden by the mandatory rules under the Unfair Contract Terms Act 1977 272. The absence of a choice of law, in this sense renders the country with the closest connection applicable.8 Under the Rome Convention (Convention), since it can apply to disputes regardless if the parties are members of a contracting state to the convention (Art 2); "a contract shall be governed by the law chosen by the parties" (Art 31). ... In the United Kingdom, these are set by the Unfair Contract Terms Act 1977, as well as precedents in Common Law. In all three laws, the applicable law will be that chosen by the parties. However, under the three laws, for the rules regarding the absence of a choice of law to be enforced, it is required that 'steps necessary for the conclusion of the contract,' as well as 'specific invitation' or 'previous advertising' are conducted in a country for that country's rules to be applicable (Convention, Art 52; Regulation, Art 133a; Unfair Contract Terms Act 272).9 These provisions, however, entail certain problems. First, the lack of clear definitions regarding fundamental concepts, such the word 'professionals' for both the Regulation and the Convention; and the definition of 'goods and services' under Art 5 1 of the Convention, which does not cover the sale of software as well as content downloads, are bound to create jurisdictional problems for consumers. Second, with regard to the Convention, the rules are not flexible enough to cover changes in the geographic location of the consumer (Art 5 4), which are common in online transactions. This is in contrast to Art 15 1c of the Regulation, where the directed activity concept caters to changes in the consumer's geographic location, provided that they are within the target audience of the professional; which unfortunately is rendered problematic due to lack of legal definition of 'professional', as mentioned above. Third, the consumer is also in danger of losing the protection of his domicile' s 'mandatory rules' as stated in Art 72 due to the requirement in Art 52 that the supplier must first indicate intent to reach a certain market to be applicable, illustrating inflexibility. Last, with

Incident Response, Business continuity, and Disaster Recovery Plans Research Proposal

Incident Response, Business continuity, and Disaster Recovery Plans - Research Proposal Example It thus becomes imperatively necessary to provide evidence and research based guidelines for effective implementation of incident response and disaster recovery plans for organizations which have employed the use of information and communication technology in their operations. It is due to the increasing incidents of attacks to information systems and the related security challenges that it is necessary for organizations to achieve maximum precautionary plans for response and recovery from incidences without having any significant impact on the business processes. The lack of effective implementation of incident response and recovery plans has been caused by lack of specific approach and strategies for establishment and application of these plans within the organization. This paper presents a case study proposal with a view of enabling organizations to implement effective response and recovery plans for business continuity. Nonetheless, it is necessary to note that there are cost and time implications which are associated with the implementation of the incident response and recovery plans for the advantage of business continuity. ... In the light of this argument therefore, it is suitable that business organizations are guided in the proper planning of the response approaches and recovery process in cases of attacks to their information systems. The benefit of proper and organized response and recovery plan for various attacks to organizational computer systems is the reduction of the costs and time related to failure of continuity of business processes (Haddow, Bullock and Coppola, 2011). All organizations require an information system policy which provides the step by step procedure for response to attacks of the system and the recovery from possible attacks (Kuonqui, 2006). Without such a policy, businesses are likely to fail in attaining recovery from various attacks of their information systems (Jennex, 2012).Organizations often have incident response teams which help them to effectively manage various attacks to their information systems (Omar, Alijani and Mason, 2011). These teams are accredited with the r ole of following standard procedure for response and recovery from incidences. In this regard, the teams a significant function of protecting the organization from loss of the continuity of business processes (Kuonqui, 2006). It is notable that regardless of the postulation of information system policies as the solution to the response and recovery from incidences, there is no clear presentation of the contents of such polities. Moreover, the incident response team composition has not been defined clearly. This can be attributed to unprofessional response to attacks of organizations’ information systems (West, 1996). Additionally, actual steps which should be taken in the procedural response to an incidence and recovery from such incidences have not been provided in a distinct