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Microfinance and UNCITRAL text on electronic commerce

This text explores the fundamental principles of electronic communication, non-discrimination, functional equivalence, and technological neutrality. It also introduces UNCITRAL texts on electronic commerce, such as the Model Law on Electronic Commerce (MLEC) and Model Law on Electronic Signatures (MLES), as well as the Electronic Communications Convention (ECC). The text discusses the need for enabling legislation for mobile transactions and mobile commerce.

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Microfinance and UNCITRAL text on electronic commerce

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  1. Microfinance and UNCITRAL text on electronic commerce Ahreum Lee Associate Legal Officer UNCITRAL Secretariat Vienna, Austria

  2. Microfinance . . . Mobile transactions . . . Mobile commerce . . . Electronic payment Electronic commerce . . .

  3. Payment network

  4. Fundamental principles of electronic communication

  5. 1. Non-discrimination A communication shall not be denied validity on the sole ground that it is in electronic form. 2. Functional equivalence • Provided that once certain criteria are met, electronic communication should enjoy same level of legal recognition as that of the paper documents performing the same function.

  6. 3. Technological neutrality • Equal treatment of different technologies (EDI, e-mail, Internet, instant messaging, fax, etc.) • Possibility to have detailed provisions on technology requirement in the regulations implementing e-commerce legislation.

  7. UNCITRAL texts on electronic commerce

  8. MLEC is intended to facilitate commerce via the use of modern means of communications and storage of information. • MLEC is based on the establishment of a functional equivalence in electronic media for paper-based concepts such as "writing", "signature" and "original". • MLEC established rules for the formation and validity of contracts concluded with electronic means and for the attribution and retention of data messages.

  9. MLES aims at bringing additional legal certainty to the use of electronic signatures. • MLES establishes criteria of technical reliability for the equivalence between electronic and hand-written signatures. • MLES follows a technology-neutral approach, which avoids favoring the use of any specific technical product.

  10. ECC builds up and, in certain cases, updates the provisions of both Model Laws. • ECC aims to enhance legal certainty and commercial predictability where electronic communications are used in relation to international contracts. • ECC addresses the determination of a party's location in an electronic environment; the time and place of dispatch and receipt of electronic communications and acknowledgement of receipt; the use of automated message systems for contract formation; and the criteria to be used for establishing functional equivalence between electronic communications and paper documents.

  11. United States of America Guatemala Viet Nam Singapore Honduras Australia Mauritius Status of texts

  12. Do we need ...a special rule to create an enabling legislation environment for mobile transactions and mobile commerce?

  13. For more information on the work of UNCITRAL in the area of electronic commerce, or on other topics, please visit our web site http://www.uncitral.org/ Thank You!

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