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To provide you with the knowledge necessary to recognize the rules, regulations and practices that safeguard commercial activity on the Internet.

Seminar Goal

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At the end of this seminar, you will be able to:

Seminar Objectives

Recognize the main laws governing e-business

Appreciate the rules and regulations governing online commercial activity

List common solutions for security and privacy concerns associated with e-business

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As a provider of online products and services, you are bound by consumer protection rules and

regulations and if you violate them, you can be subjected to the same fines.

Rules and Regulations Governing Online Commercial Activity

Electronic Commerce Act - Ontario

Competition Act

Criminal Code of Canada

Retail Sales Tax Act

Personal Information Protection and Electronic Documents Act

Intellectual Property4

Rules and Regulations Governing Online Commercial Activity

Consumer Protection Act – Ontario

Relevant legislation to Ontario based providers of online goods & services:

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Anyone who uses the web as a consumer is protected from unethical business practices by

Consumer Protection legislation.

Consumer Protection Act – Ontario

The Act specifies that consumers have the right to:

A cooling off period. Timely remedies. Not accept or pay for goods you didn’t ask for. A written contract for pre-paid goods or services over $50. Clear and comprehensible contracts. Fully disclosed credit terms. Not have to endure illegal misrepresentation. Not have to endure false, misleading or deceptive sales

incentives. Fully disclosed consumer agreements. Not have your goods repossessed if you have paid 2/3 or more. On time deliveries.

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Consumer Protection Act – Ontario

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Electronic Commerce Act - Ontario

Commercial transactions conducted by the Internet, telephone and fax

Electronic banking and payment systems

Trade in digitized goods and services

Electronic purchasing and restocking systems

Business-to-business exchange of data

Delivery of goods and/or services purchased

Customer service

The Electronic Commerce Act protects you as the seller of goods and services by setting out rules dealing with:

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Competition Act

The Competition Act defines which marketing practices are illegal in Canada. The Act is

enforced by the Competition Bureau, and is applicable in an electronic environment.

Under the Competition Act, it is a criminal offence to:

Engage in certain kinds of misleading advertising and deceptive marketing practices;

Use unauthorized testimonials;

Use terms or pictorials that may cause the ordinary person to be uncertain about where the goods were actually made;

Charge low prices over a long enough period of time so as to drive a competitor from the market or deter others from entering and then reuse prices to recoup losses; and

Include deceptive price claims or discounts, unrealistic price comparisons or exaggerated claims as to worth or value. “Regular Price”, “Suggested Retail Price”, “Manufacturer’s List Price” and “Fair Market Value”.

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Competition Act

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Criminal Code of Canada

Taking money without sending the goods;

Publishing or distributing obscene material;

Publishing libelous material. Libel is intentionally false publication that is injurious to the reputation of another;

Computer virus dissemination – i.e. the willful interference with computer data;

The incitement of hatred;

The dissemination of information that counsels the commission of an offence such as suicide assistance and bomb recipes; and

Internet gambling.

The Criminal Code contains a number of offences that could apply to conduct on the Internet, including:

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Retail Sales Tax Act

Ontario Individuals and companies who sell goods

or services that are taxable under the Ontario Retail Sales Tax Act require a Vendor Permit. 

Individuals and companies who sell goods or services that are taxable under the Ontario Retail Sales Tax Act are required to charge an 8% sales tax and remit this amount. 

If you make a sale to a customer, and deliver or arrange for delivery of the goods to a place outside Ontario, you do not charge your customer RST. You must keep all your shipping documents and bills of lading to support the exempt sale.

If the customer takes delivery of the goods in Ontario, then you must charge RST unless the purchaser provides a valid Purchase Exemption Certificate.

Federal Most individuals or businesses engaged in a

commercial activity with annual sales and revenues of GST/HST-taxable goods or services totalling more than $30,000 must register and charge the 5% GST/HST.

If you’re selling goods, then you do not collect GST if you are shipping the goods out of Canada, regardless of whether the billing address is in Canada. (Keep good records to prove you exported the goods!)

Most services supplied to non-residents are GST-free

If you are supplying intangible property which is also “intellectual property”, such as a copyright, patent, trademark or trade secret, or a right or license to use such property, then there is no GST provided your customer (the one liable to pay) is non-resident and is not registered for GST. If the customer is GST-registered (some U.S. businesses are), you must charge GST.

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Personal Information Protection and Electronic Documents Act

The Personal Information Protection and Electronic Documents Act (PIPEDA) applies to businesses and it means that you must have consent to collect, use or

disclose information.

Under PIPEDA, personal information must be:

Collected for identifiable purposes and with consent;

Used and disclosed for the limited purpose for which it was collected;

Accurate;

Accessible for inspection and correction; and

Safeguarded.

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Personal Information Protection and Electronic Documents Act

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Intellectual Property

Intellectual Property (IP) is an area of law that protects ideas. With respect to the Internet, there are generally four areas of Intellectual Property: Copyright, Trademarks, Domain

Names, and Patents.

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Intellectual Property

Copyright Copyright is the right to make a copy and applies to pictures

and written materials on your website. It can also relate to computer codes used to create computer programs.

Trademark Trademarks are names or marks that are associated with your

products and services. A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these.

Domain names are the addresses of sites on the Internet. They can include key trademarks and can be valuable assets in terms of branding your business/product.

hyperlink

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Code of Practice for Consumer Protection in Electronic Commerce

The Code is intended to establish benchmarks for good business practices

for merchants conducting commercial activities with consumers online.

The Code contains information on the following:

Information Provision;

Language;

Contract Formation and Fulfillment;

Online Privacy;

Security of Payment and Personal Information;

Complaint Handling and Dispute Resolution;

Unsolicited Email; and

Communications with Children.

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Code of Practice for Consumer Protection in Electronic Commerce

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Online Resources

• Canadian Consumer Information Gateway

• E-Business - Selling to Non-Ontario Customers

• Government of Canada’s Canada Business Services for Entrepreneurs

• Federal Trade Commission– Regarding American advertising

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What are some common security concerns you have as

an online consumer?

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Common Threats / Solutions

1. Viruses2. Phishing3. Cyberscams4. Identity Theft5. ID Theft6. Hacking7. Cookies8. Spyware

Use spam filters, antivirus software, and install firewalls

Only browse trusted sites Stay away from phony e-mails,

don’t open/reply, don’t sign up for mailing lists

Regularly back-up info Encrypt all confidential information Apply for a privacy seal to display

on your website Restrict access to personal

information to authorized employees

Choose service providers with high security protocols