BACARIA, Jordi - Presentation

LIABILITY: RISKS AND LIABILITIES
IN ECOMMERCE
Jordi BACARIA, advocat
Global Legal Data. Barcelona. Spain
28 MARCH 2014
RISKS AND LIABILITIES IN B2C ECOMMERCE
ECOMMERCE RISKS
MEANS INTERNET GENERAL RISKS
(Breach of Contract, Intellectual Property, Invasion of Privacy, Credit Card Transactions,
Consumer Fraud, Torts, Computer CrimesContract, Defamation, Security, Privacy,
Criminal activity, Copyright, Trademark, Consumer protection ...)
RISKS AND LIABILITIES IN B2C ECOMMERCE
… But law compliance reduces
risks …
RISKS AND LIABILITIES IN B2C ECOMMERCE
FIRSTLY WE’LL START TALKING ABOUT A GLOBAL SUBJECT:
CIBER-RISKS (INCLUDING NO LAW COMPLIANCE)
... and about 2 questions
- CAN WE AVOID CONSEQUENCES OF CIBER-RISKS ?
- CAN WE AVOID CONSEQUENCES OF NO LAW COMPLIANCE ?
CIBER-RISKS CONSIDERED AS ...
↗ Informatics or technological company intern damages, interrupting
service to costumers.
↗ Leakage / non authorized access / illicit information traffic of personal
data.
nformatics or technological company intern damages, interrupting
service to online costumers…
CIBER-RISKS CAUSES
 Unpredictable technical failure
 No Security Regulations Compliance
 No Security investment
 Employees bad practices
 Employees acting in bad faith
 Hackers (fraud)
CIBER-RISKS CONSEQUENCES
 NEW COSTS IN TECHNOLOGICAL
AND INFORMATICS INVESTMENTS

CORPORATE
DAMAGE
 CONSUMER CLAIM
REPUTATION
eakage / non authorized access / illicit information traffic of personal
data …
CIBER-RISKS CAUSES
 Unpredictable technical failure
 No Security Regulations Compliance
CIBER-RISKS CONSEQUENCES

ECONOMIC
SANCTIONS
(PENALTIES)
IMPOSED
BY
GOVERNMENTS

CORPORATE
DAMAGE
 CONSUMER CLAIM
REPUTATION
ONVENIENCE OF A CORPORATIVE COMPLIANCE IN
B2C ECOMMERCE COMPANIES ...
OMPLIANCE as the goal that organizations aspire to achieve in their
efforts to ensure that they are aware of, and take steps to comply with
relevant laws and regulations in the development of e-commerce.
THAT MEANS A CORPORATE COMPLIANCE
PROGRAM INCLUDING FOR EXEMPLE…
xistence of written Codes of Conduct.
reation and establishment of internal organs of control and compliance.
upervision of compliance efforts by the highly qualified experts.
einforcement through effective systems of control and audit.
einforcement through disciplinary procedures.
ppropriate measures after the detection of the illicit behavior.
… AND IT WILL BE NECESSARY A CORPORATE
COMPLIANCE PROTOCOLS
(to identify the risks and threats and to prevent or minimize future if any
criminal or other liability company, and that depending on the activity
of the company and positions and jobs)
LIABILITIES ASSOCIATED WITH ONLINE BUSSINES
WHEN IT EXISTS NO LAW COMPLIANCE ABOUT
- CONSUMER RIGHTS
- CONSUMER PRIVACY
ONSUMER RIGHTS
Before you buy
While you’re buying
CONSUMER
After youPRIVACY
buy
- Cookies policy
- Electronic commercial communications
- Publicity and, especially, behavioral advertising
EGAL RECOMMENDATIONS FOR ECOMMERCE
COMPANIES
. Information required on the provider's website
. Compliance with the online sales legislation
. Compliance of consumer legislation
. Compliance of Copyright legislation
MOLTES GRÀCIES PER LA VOSTRA ATENCIÓ
MUCHAS GRACIAS POR SU ATENCIÓN
THANK YOU FOR YOUR ATTENTION
©