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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
UNCTAD survey on legislation relating to ICT in developing countries
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.
UNCTAD survey on legislation relating to ICT in developing countries
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
UNCTAD survey on legislation relating to ICT in developing countries
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
cecile.barayre@unctad.org
www.unctad.org/ecommerce
measuring-ict.unctad.org
Thank youThank you
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