Legal and Regulatory Challenges in Facilitating a Sustainable ASEAN E-Commerce Sector

Legal and Regulatory Challenges in Facilitating a Sustainable ASEAN E-Commerce Sector

Lekha Kunju Pillai Laxman
DOI: 10.4018/978-1-7998-8957-1.ch096
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The ASEAN region's potential ability to reap the benefits of e-commerce is considerable, and it is timely to strategize a sustainable pathway for ASEAN's e-commerce market. This chapter explores the arising legal and regulatory challenges with measures needed to facilitate e-commerce activities in the region. A qualitative research design is utilized to review secondary data and analyze ASEAN's current legal and regulatory framework. The findings reveal that despite the untapped potential of the collectively large “ASEAN market,” there are significant challenges to developing e-commerce in some countries. Moreover, there are additional regulatory challenges in tackling a myriad of issues related to cross-border challenges in terms of security and reliability of payments: logistics, customs and border administration, foreign market access, data protection, and the regulatory environment for national and cross-border e-commerce transactions. Some form of legal and regulatory harmonization is required between member nations in order to mutually reap the benefits of e-commerce.
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An Overview Of E-Commerce Development In The Asean Region

Both the Organization for Economic Co-operation and Development (OECD 2011) and the United Nations Conference on Trade and Development (UNCTAD 2017a) have defined e-commerce as transactions utilizing computer networks for the purchase and sale of products (such as physical goods, and digital products or services). These e-commerce transactions generally utilize technologies such as internet and electronic data interchange over devices such as personal computers, tablets, and mobile phones. The definition of e-commerce in this chapter also includes mobile commerce (M-Commerce) consisting of the sale and purchase of goods and services using mobile (smart) phones. This is an important consideration in view of the growth in smart phone usage that is overtaking access to conventional computers/laptops (CCS, 2017).

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