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These days, the Ministry of Justice for public comment a memorandum of law that seeks to regulate various aspects of e-commerce and the use of online computer networks. Memorandum occasions catering of Law based on the report of the committee operated electronic trading office. Their executive summary, we have reviewed a series of articles published in this section last year (articles occasions catering are articles on law.co.il section). Not all defects corrected report memo ...
Number of topics comprehensive proposal DOJ. First, it seeks to remove doubt: the requirement for written enactment can achieves by using the electronic message if the information it contains is available for further use. Legal contract can be cut off using an electronic message if not one of the type of contracts listed in Appendix bill (the obligation to make a real estate transaction, for example, can not be done in the mail if the proposal be embodied in law; contract agreements, bank loan or conventional - are also excluded, and also - how can No - Jose real estate brokerage). And a third interest in the regulated Memorandum - where statutorily required occasions catering disclosure of information whether before concluding a contract or thereafter - to meet the requirement that an electronic message. But here emerges the bill fundamental failure: occasions catering mandatory - according to consumer protection laws to disclose information in remote sales transaction. Remote sales transactions is significant e-commerce transaction. The memorandum suggests that precisely such circumstances un-possible to maintain the duty of disclosure through electronic message. Of course, this is not a requirement - you can stand it in practice. Electronic commerce is electronic discovery well. Non-skiers can launch e-commerce sites, including information letters must be turned over by law when "remote marketing" ... there is no point in starting to understand what the Justice Department to intervene occasions catering in business practices that act without significant problems for years. The thought that you can impose the law on this matter reality Mount Tub wrong.
Other matters seeks law does not remove doubt, but to regulate the situation before crystallized fully clarified. He devotes a section for entering into e-mail with an agent of another person. Your Email is calculated measures programmed to perform certain actions automatically through electronic communication. This is a broad definition. It encompasses exotic systems - less than can be imagined. Also operate software auction sites such as e-commerce "Wallashops" p1000 and others come framework. These programs determine the identity of the winner during the end of the sale, according to the amount proposal. The law seeks to expand the right of those who entered into the contract with such agents to cancel the deal. Normally no contracting entitled to cancel the order due to a mistake without permission from the court, now he may be withdrawn if the contract fell e-Agent claims and did not provide a reasonable opportunity to be prevented or remedied. In addition it requires that the mistaken notifies the other of its error as soon as possible, shall take reasonable steps to comply with the provisions of the other party concerning the return or destruction consideration and is not used or produced real benefit from the proceeds. Collection of these conditions reflects the firm opinion that it is appropriate to allow the claim of error cancellation because of remote sales transactions for the purchase of computer information (eg digital music file) just because held in front of the agent-mail. Consumer Protection Act itself does not confer such a right a standard remote sales transaction. The reason is obvious - who committed transaction electronic information got his wish when the information is transferred to your computer. There is no real way to check if the information is destroyed when canceling the transaction, or not produced occasions catering benefit from "real" as required by the memorandum. What is the point to diverge from that when communicating with "electronic agent" is nothing but a simple system to operate trading sites?
If and when becomes a memorandum of law ecommerce law right, will be anchored in Israeli legislation issue of immunity of carriers in respect of the use by third parties of their systems. It will be said that the time had come. United - States, for example, what has been enshrined in 1996 and 1998. European deals that the E-commerce Directive. Israel, so far, we had only to judgments occasions catering of the magistrates. Now, effort memo arrangements with European legislation. Among other things, the immunity it confers the right to cut off suppliers occasions catering affected by them. This may be copyright, right of privacy or for good - the proposed settlement is one. Immunity arrangements recognize the enormous importance of the Internet to distribute occasions catering information and to encourage public occasions catering discourse. They promote these values by providing a haven for those who cultivate them by providing information to the public or making it available. Hence their importance.
Memorandum of Law speaks three types of providers: access provider, "provides a service whose nature occasions catering is providing access or connection to electronic communication." It certainly will not be liable in tort for damages caused by the content of the information occasions catering compiled - by a third party if not initiated the transfer of the
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