Joint Facilitation Meeting on WSIS Action Lines C7 on eBusiness ECOMMERCE AS A KEY FACILITATOR FOR S

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Joint Facilitation Meeting on WSIS Action Lines
C7 on e-Business E-COMMERCE AS A KEY FACILITATOR
FOR SME COMPETITIVENESS22 May 2008, ITU
Building a legal framework for the information
economy

• Ms. Cécile Barayre-El Shami
• Economic Affairs Officer
• ICT Policy and Analysis Unit
• Science, Technology and ICT Branch
• Division on Technology and Logistics

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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

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National ICT strategy
WSIS target all countries have a national ICT
strategy by 2010 2006 how many developing
countries have adopted an ICT strategy or master
plan?

• 181 developing and transition countries and
  territories surveyed by UNCTAD

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UNCTAD survey on national ICT master plans in
developing countries
80 countries have adopted an ICT plan (44)
36 countries are designing an ICT plan (20)
No information available
Source UNCTAD (2006)
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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

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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

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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

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UNCTADs 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

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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, ISPs
  liability, privacy, dispute resolution and
  e-contracting

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UNCTAD survey on legislation relating to ICT in
developing countriesINTERNATIONAL 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.

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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

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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

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Joint Facilitation Meeting on WSIS Action Lines
C7 on e-Business E-COMMERCE AS A KEY FACILITATOR
FOR SME COMPETITIVENESS22 May 2008, ITU
Thank you

• cecile.barayre_at_unctad.org
• www.unctad.org/ecommerce
• measuring-ict.unctad.org