Wsis Alf C7 Unctad

Joint Facilitation Meeting on WSIS Action Lines C7 on e-Business E-COMMERCE AS A KEY FACILITATOR FOR SME COMPETITIVENESS

22 May 2008, ITU

Ms. Cécile Barayre-El ShamiEconomic Affairs Officer

ICT Policy and Analysis UnitScience, Technology and ICT Branch Division on Technology and Logistics

Building a legal framework for the information economy

ICT policy framework for the information economy

Creating a favourable environment for SMEs:• ICT infrastructure development • Legal and regulatory framework • Human capacity• E-business and economic environment• E-government• ICT-related trade and investment policies• Technological innovation

WSIS target: all countries have a national ICT strategy by 2010

2006: how many developing countries have adopted an ICT strategy or master plan?

National ICT strategy

• 181 developing and transition countries and territories surveyed by UNCTAD

Source: UNCTAD (2006)

UNCTAD survey on national ICT master plans in developing countries

No information available

36 countries are designing an ICT plan (20%)

80 countries have adopted an ICT plan (44%)

ICT and law reform

WHY?• To ensure trust between commercial partners• To comply with other countries’ legislation• To facilitate the conduct of domestic and

international trade• To offer legal protection for users and

providers of e-commerce services

ICT and law reform

HOW TO?• Involve all relevant Ministries to define priority areas

for reform• Consider existing e-commerce laws (UNCITRAL ML

and convention, other countries’ legislation) and regional/international harmonisation

• Make an inventory of the legislation that need to be adapted

• Consult with stakeholders to present and discuss the draft legal framework

Challenges

• the lack of human resources • the lack of public awareness about the scope

and application of the law and its benefits• consumers' lack of trust in the security of e-

commerce transactions and privacy protection

• the difficulty in setting up the technical infrastructure

• the different legal, social and economic systems of countries in a particular region

UNCTAD’s program on ICT and law reform

UNCTAD builds capacity with legal issues related to ICTs (training course, workshops)

UNCTAD assists countries and regions (Latin America, ASEAN, EAC, UEMOA) in the preparation of hamonized legal frameworks

UNCTAD survey on legislation relating to ICT in developing countries

• Out of the 32 responses, 20 countries have adapted their legislation to e-commerce and 8 were in the process of doing so

• Priority given to e-transactions, information security law, consumer protection, IPRs, ISP’s liability, privacy, dispute resolution and e-contracting


INTERNATIONAL AND REGIONAL HARMONISATION

• 20 countries have considered UNCITRAL Model law on e-commerce; 25 the ML on e-signature and 11 the Convention on e-contracting

• 8 countries based their legislation on the EU directive on e-commerce and on other instruments adopted by European countries, India, Singapore, and the United Arab Emirates.


The adoption of a legal framework has helped expand business opportunities and attract FDI.

Examples: The Republic of Korea: e-commerce

transactions in 2005 rose 14.1% over 2004 El Salvador: new trade opportunities for

products and services over the Internet Cambodia: conduct of trade in the region

facilitated


Next challenge: Enforcement• Need to build capacities of legal professionals

(seminars, training programs, diploma)Ex: Chile, Cuba, Ecuador, Sri Lanka, the

Philippines• Need to accompany legal reform by a broader

reform on the information economy to create awareness of e-commerce opportunities and build trust

Joint Facilitation Meeting on WSIS Action Lines C7 on e-Business E-COMMERCE AS A KEY FACILITATOR FOR SME COMPETITIVENESS

22 May 2008, ITU

[email protected]

www.unctad.org/ecommerce

measuring-ict.unctad.org

Thank youThank you

Wsis Alf C7 Unctad

Education

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