Legal and Regulatory Frameworks on E-Commerce in Cambodia, Lao PDR, Myanmar, and Viet Nam

With increased internet connectivity, rising smartphone penetration, as well as growing availability of internet access and new payment options, electronic commerce (e-commerce) has been growing rapidly in ASEANASEAN The Association of Southeast Asian Nations. Members: Brunei Cambodia Indonesia Laos Malaysia Myanmar Philippines Singapore Thailand Vietnam. This growth is coupled with the expansion of middle class and young population in the region. Between 2009 and 2014, the proportion of the ASEAN population using internet rose from 12.6% to 25.8%.

In the CLMV countries, development of e-commerce and internet usage is becoming more visible in the recent years. In 2018, the number of internet users in Viet Nam account for 67% of its population and 50% in Cambodia, while internet penetration in Lao PDR and Myanmar is at 35% and 34% of its population, respectively. In Cambodia, for example, there is around 15,000 consumers for most e-commerce ventures in the country. While in Viet Nam, the total market value of Viet Nam’s e-commerce market is currently at US$1.8 billion, with 35% e-commerce penetration in the country.

With a strong e-commerce growth potential in the region, government is expected to be able to respond to new and emerging challenges. One way to respond to these emerging challenges by e-commerce development is by having sound and relevant legal and regulatory frameworks that are implemented effectively. Patchy legal and regulatory frameworks in e-commerce could create unconstructive business environment, as well as lead to conservative actions by the private sector including conservative investment decisions by major players, and lower adoption rate by consumers.

Given these backgrounds, there seem to be some progress towards enabling legal environment for e-commerce, and modernizing e-commerce laws to reflect the recent developments also in the CLMV countries in line with regional commitment. The objective of this project therefore is to assess the legal and regulatory frameworks on e-commerce in the CLMV countries to identify the gaps, and provide recommendations to address the common gaps to modernize and/or implement updated legal and regulatory frameworks in each country to reflect on the current e-commerce developments, and to achieve their regional commitments.

Digitalization of an economy has become one of the highest priorities for government in almost every country in the world. In particular, improved online connectivity together with the increase in penetration of mobile devices has widen many opportunities for the economy to develop and brought efficiencies to peoples’ way of living regardless of physical location and timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) differences. E-commerce is considered one of the most beneficial businesses that connects transactions of products amongst business operators and consumers online, which has vast potential for economic growth.

With a momentum of such growth potential, ASEAN Member States have been promoting digital economy through various initiatives and programme in line with the scheduled regional economic integration in achieving harmonic and sound economic community in the region. The recent ASEAN AgreementContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. on Electronic Commerce is one of the few examples highlighting their interests in capturing the potential opportunities ahead not only as an individual country but also as a region for future prosperity.

However, the readiness of realizing such potential differs amongst ASEAN Member States including CLMV countries. While similar growth trends are expected to be followed, study and assessment conducted through this project proved that there are existing numbers of issues and challenges that need to be overcomed in order to benefit from e-commerce in these countries. Nevertheless, together with effective national strategy that paves way forward towards digitalized economy, enhancement of legal and regulatory framework in CLMV countries is essential.

This report summarizes the current situation of legal and regulatory framework on e-commerce in CLMV and provides recommendations based on the assessment results. In addition, four probable Technical Assistance (TA) programmes for CLMV countries have been proposed. These TA programmes are expected to directly or indirectly support further enhancement of legal and regulatory framework on e-commerce in each country going forward.

Numbers of progress have been observed in relevance to legal and regulatory framework in all four countries. With a continuous support extended by the international donors, CLMV countries have been placing many efforts to draft and implement legislations in line with the regional agreement as well as global practices that embraces e-commerce businesses while protecting the consumers to shop online. On the other hand, however, there remain several issues that need to be focused to further enhance the legal and regulatory framework of e-commerce. Due to the differences in the development stage and readiness, CLM (Cambodia, Lao PDR, and Myanmar) and Viet Nam faces different kind of issues and challenges, which are summarized as follows:

CLM

Relevant laws and regulations such as law on e-commerce, law on private data protection and law on consumer protection are missing or need improvements Mandates of the concerned parties need to be clearly defined and coordination should be strengthened Streamlining duplicate/conflicting provisions is necessary Skilled and knowledgeable IT and ICT professionals are lacking

Viet Nam

Existing legal and regulatory framework need to be modified /improved New business including e-commerce and e-wallet ought to be clarified under existing rules and regulation

The provision stipulating data transfers in LawLaw Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. on Cyber Security is unclear in respect of target organization and range of data.

Given these observed issues and challenges, this report provides several recommendations to further enhance the legal and regulatory framework of e-commerce for each country which can be summarized as follows:

CLM

Construct e-commerce development plan

Streamline the missing components of the legal and regulatory framework Improve payment scheme

Scale up understanding of digital skills and competency

Viet Nam

Streamline the missing components of the existing legal and regulatory framework Improve online consumer protection with effective fine and penalty schemes
Scale up knowledge.

Improve payment scheme

Based on the above assessment result and series of discussions with relevant policy makers as well as beneficiaries in CLMV countries, this report provides three possible technical assistance (TA) programme designed to support recipient countries to further enhance the legal and regulatory framework on e-commerce as follows:

1. Establishing / implementing necessary legal and regulatory framework

2. Modifying / improving existing legal and regulatory framework

3. Enforcing actual operations and implementations

Global Trends and Facts

A “leap frog” effect has become a common explanation for a big hike of emerging economies advancing from former analog stage to a modern digitized stage all at once. Typical phenomenal example of such effect can also be observed in the field of e-commerce in emerging economies even with limited resources and insufficient infrastructure. Vast increase in penetration of mobile devices in the recent years has a significant impact on digitization in these countries where people are able to shop online rather than visiting distant retail stores with instant cashless payment using apps on their mobile phones. Digital payments allow unbanked people to make payment without the help of financial intermediaries and help solve financial inclusion issues in these countries.

In line with the increase of internet penetration as well as growth in numbers of mobile holders, the size of e-commerce market is expected to grow globally. The total global retail sales through e-commerce accounted over 3,534 billion USD in 2019 with composed average growth rate (CAGR) of above 25% since 2010. By region, the total e-commerce sales is particularly significant in AsiaAsia Central Asia Kazakhstan Kyrgyzstan Tajikistan Turkmenistan Uzbekistan Eastern Asia China China–Hong Kong China–Macao China–Taiwan Japan Mongolia North Korea South Korea Southern Asia Afghanistan Bangladesh Bhutan British Indian Ocean Territory India Iran Maldives Nepal Pakistan Sri Lanka South-Eastern Asia Brunei Cambodia East Timor Indonesia Laos Malaysia Myanmar Philippines Singapore Thailand Vietnam Western Asia Armenia Azerbaijan Bahrain Cyprus Georgia Iraq Israel Jordan Kuwait Lebanon Oman Palestine Qatar Saudi Arabia Syria Turkey United Arab Emirates Yemen and PacificPacific Australia and New Zealand Australia Christmas Island Cocos (Keeling) Islands New Zealand Norfolk Island Melanesia Fiji New Caledonia Papua New Guinea Solomon Islands Vanuatu Micronesia Guam Kiribati Marshall Islands Micronesia Nauru Northern Mariana Islands Palau Polynesia American Samoa Cook Islands French Polynesia Niue Pitcairn Samoa Tokelau Tonga Tuvalu Wallis and Futuna accounting above 60% of the global sum as well as CAGR of above 35% which is an outstanding figure compared with other region. Contribution are not only from the big giants such as China, IndiaIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । Read more and Japan in this region but the presence of ASEAN is also widening with higher growth rate of e-commerce sales than the preceding countries.

E-commerce market size in ASEAN six countries1, which amounted to almost USD 29 billion in 2017, is expected to double by 2021 with USD 53 billion. As can be seen from Figure 1-5, the highest contribution amongst the selected ASEAN Member States is expected from the most populous country Indonesia, nearing one third of the total population in ASEAN due to the increase of middle-income households and broadened accessibility to the internet through mobile devices.

1 Six countries are Indonesia, Malaysia, Philippines, Singapore, Thailand, and Viet Nam.

Although e-commerce markets in CLM countries are much smaller than other preceding countries in ASEAN, there is no doubt that the contribution from CLM countries could also have a certain impact to the region going forward. Internet retailing market in CLM countries is expected to grow USD 52.9 million by 2023 with CAGR of above 14 % since 2019. In order to meet future expectations, feasible strategic national plan that envisions the growth path as well as appropriate legal and regulatory framework that supports the business environment and protects the beneficiaries ought to be enhanced.

The share of e-commerce against the total retail sales of selected ASEAN Member States is also expected to grow in the coming years as can be seen from figure 1-7. It is apparent that the total sales through e-commerce is on a constant rise in all countries already ranging 1.5% to 4.1% contribution out of the total retail sales and it is still on an increasing trend. Most of such retail sales through e-commerce are contributed by business-to-business (B2B) or business-to-consumers (B2C). Moreover, adequate regulatory framework that could promote and support relevant businesses and digital trade will be one of the key factors to successfully realizing sustainable development in e-commerce market.

Another growing factor in relevance to e-commerce is the increasing trends in the usage of social networking services (SNS). There are numbers of globally known SNS2 such as Twitter, You Tube, Facebook, and Instagram in addition to locally popular ones such as WhatsApp, LINE, and WeChat widely used amongst younger population in several countries. It is apparent that even in some emerging economies without e-commerce platforms also tend to utilize these SNS as a trading platform especially at the consumer-to-consumer (C2C) level. Figure 1-8 illustrates penetration rates of selected ASEAN Member States of Facebook and Instagram. Both SNS with high penetration rates have become powerful communication tools including for commercial purposes in these countries and most likely similar trend will be also experienced by CLM countries soon.

Global and Regional Frameworks on E-Commerce

There are two main streams of initiatives in the global community that discuss intensively on policy-related issues on e-commerce and digital trade. WTOWTO The World Trade Organization (164 Members) is the only global international organization dealing with the rules of trade between nations. At its heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations and ratified in their parliaments. The WTO operates the global system of trade rules and helps developing economies build their trade capacity. Observer governments> Algeria- Andorra- Azerbaijan- Bahamas- Belarus- Bhutan- Bosnia and Herzegovina- Comoros- Curaçao- Equatorial Guinea- Ethiopia- Holy See- Iran- Iraq- Lebanese Republic- Libya- Sao Tomé and Principe- Serbia- Somalia- South Sudan- Sudan- Syrian Arab Republic- Timor-Leste- Turkmenistan- Uzbekistan- is the most active global organization leading the discussion since 1998 after the “Declaration on Global

Electronic Commerce” and commencement of “Work Programme on Electronic Commerce”3.

(1) WTO Work Programme on Electronic Commerce

This programme was adopted by the General Council in 1998. The Programme instructed (i) the Council for Trade in Services to examine and report on the treatment of electronic commerce in the GATS legal framework; (ii) the Council for Trade in Goods to examine and report on aspects of electronic commerce relevant to the provisions of GATT 1994, the multilateral trade agreements covered under Annex 1A of the WTO Agreement, and the approved work programme; (iii) the Council for TRIPS to examine and report on the intellectual property issues arising in connection with electronic commerce; (iv) the Committee on Trade and Development to examine and report on the development implications of electronic commerce, taking into account the economic, financial and development needs of developing countries.

The recent discussion is focused on following four areas: (a) the future of the Work

Programme, (b) the moratorium4, (c) possible negotiations on e-commerce, and (d) the setting up of a working group or other institutional structure.

(2) Joint Statement on Electronic Commerce (Dec. 2017)

In 13 December 2017, 71 members that share the goal of advancing e-commerce work in the WTO issued a joint statement. Highlights of the joint statement and its initiative are as follows: (i) the members will initiate exploratory work together toward future WTO negotiations on trade-related aspects of e-commerce; (ii) participation is open to all WTO members; (iii) the first meeting to be held in the first quarter of
2018.

Latest meeting was held in Davos in January 2020 where Indonesia and Cameroon joined as new members. The joint statement mentioned that the coalition will “seek

3 WTO offers various resources and updates on the relevant meetings held through their website “Electronic Commerce Gateway”. (https://www.wto.org/english/tratop_e/ecom_e/ecom_e.htm)

4 E-commerce moratorium is “a decision taken by WTO members which entails that they should not impose customs duties on electronic transmissions”. (https://www.wto.org/english/thewto_e/minist_e/mc11_e/briefing_notes_e/bfecom_e.htm)

to achieve a high-standard outcome that builds on WTO agreements and frameworks” hence continue to encourage other WTO members to participate in the collation “in order to further enhance the benefits of electornic commerce for businesses, consumers and the global economy.”5

Figure 1-9 represents standpoints of selected countries and regions in factors related to e-commerce directly and non-directly according to the Joint Statement on E-commerce in 2017. EU weighs more importance on “Protection” such as online consumer protection and personal data protection. On the other hand, countries such as US and Japan support cross border free data flow, no requirement of data localization, and no requirement of access to source code. Apparently, there exists a gap of interests and focuses on the legal and regulatory context even amongst the countries and region in the global community.

The second stream is initiated by the United NationsUNO The main bodies of the United Nations are the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the International Court of Justice, and the UN Secretariat. All were established under the UN Charter when the Organization was founded in 1945. It has 193 members.. In particular, the United Nations Commission on International Trade Law (UNCITRAL), which was established by the

United Nations General Assembly resolution 2205 of 17 December 1966, plays an important role in developing improved legal framework for the facilitation of international trade and investment. In pursuance of its mandate to further the progressive harmonization and modernization of the law of international trade, UNCITRAL initiates various programme by preparing and promoting the use and adoption of legislative and non-legislative instruments in a number of key areas of commercial law. There are 6 working groups under UNCITRAL and e-commerce is discussed in Working Group IV. The following model law related to e-commerce are examples that are promoted as best practices agreed and applied amongst the member states.

(1) Model Law on Electronic Commerce (1996)

This model is aimed at removing legal obstacles and increasing legal predictability for e-commerce. It ensures that a document would not be denied legal effect, validity or enforceability solely on the grounds that it is in electronic form by providing equal treatment to paper-based and electronic information. Such equal treatment is essential for enabling the use of paperless communication, thus fostering efficiency in international trade. 72 countries including all ASEAN Member States except for Cambodia, Indonesia, and Myanmar have either adapted or being influenced by this model in their legislation.

(2) Model Law on Electronic Signature (2001)

This model aims to enable and facilitate the use of electronic signatures by establishing criteria of technical reliability for the equivalence between electronic and hand-written signatures. 33 countries including some ASEAN Member States such as Thailand and Viet Nam have either adapted or being influenced by this model in their legislation.

(3) Convention on the Use of Electronic Communications in International Contracts (2005)

This convention was adopted in 2005 for the purpose of “facilitating the use of electronic communications in international trade by assuring that contracts concluded and other communications exchanged electronically are as valid and

enforceable as their traditional paper-based equivalents6”. 24 countries including some ASEAN Member States such as Singapore and Philippines have either signed or expressed accession to this treaty.

(4) Model Law on Electronic Transferable Records (2017)

This model (MLETR) aims to enable the legal use of electronic transferable records both domestically and across borders. The MLETR applies to electronic transferable records that are functionally equivalent to transferable documents or instruments. Transferable documents or instruments are paper-based documents or instruments that entitle the holder to claimA Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based. the performance of the obligation indicated therein and that allow the transfer of the claim to that performance by transferring possession of the document or instrument. Transferable documents or instruments typically include bills of lading, bills of exchange, promissory notes and warehouse receipts.

(1) Asia-Pacific Economic Cooperation (APEC)

APEC is an inter-governmental forum of 21 economies of the Asian Pacific Rim including seven ASEAN Member States, promoting free trade and economic cooperation. Amongst various agenda, e-commerce has been relatively new but becoming more focused area of discussions in the recent years. APEC Cross-Border E-Commerce Facilitation Framework (2017) serves as a complement to on-going work related to the Roadmap for the Internet and Digital Economy, as well as to the on-going work related to digital trade under the Committee on Trade and Investment (CTI) in APEC. In regards to protection of privacy and personal data, the Cross-Border Privacy Rules (CBPR) agreed in 2011 provides a set of rules in regards to data transfer and some economies such as the US, Japan, Korea, Canada, Mexico, and Singapore participate in the discussions.

(2) Regional Comprehensive Economic Partnership (RCEP)

RCEP comprises of ASEAN Member States and the six ASEAN Free Trade Agreement (FTAFTA Free Trade Agreement – a form of international economic integration, in which those parties who sign the agreement agree to abolish tariffs and other trade barriers on most, if not all of each other’s products, services, investments, and intellectual properties. A Free Trade Area is the result of a Free Trade Agreement between two or more economies.[APEC] Currently, the United States has 14 FTAs with 20 countries. FTAs can help your company to enter and compete more easily in the global marketplace through zero or reduced tariffs and other provisions.) partners, namely Australia, China, Japan, Korea, India, and New Zealand. Under this partnership, 20 chapters7 related to economic partnership and trade issues such as trade in goods, trade in services, investment, rules of origin, intellectual property, and e-commerce were discussed. The provision on e-commerce aims to promote the use of e-commerce and cooperation among parties.

Following are descriptions of some of the relevant initiatives and programmes under

ASEAN with highlighted activities and achievements:

(1) AEC Blueprint 2025

Global e-commerce has become an increasingly vital element of the global economy as part of a retailer’s multi-channel strategy. In a globalized world interconnected through ICT, e-commerce plays a key role not only in cross-border trade, but also in facilitating foreign investment through the supply of intermediary services. E-commerce has significantly lowered barriers to entry and operating costsCosts Subject to any written law, costs are at the discretion of the Court, and the Court has the power to determine all issues relating to the costs of or incidental to all proceedings, including by whom and to what extent the costs are to be paid, at any stage of the proceedings or after the conclusion of the proceedings. Generally “Costs” includes charges, disbursements, expenses, fees, and remuneration. Costs in any matter are payable from the date of the order of the Court unless the parties otherwise agree. The costs of a third-party funding contract are not recoverable as part of the costs of, or costs. for businesses, and has been particularly beneficial for MSMEs.

Moreover, the Blueprint states that ASEAN shall intensify cooperation on e-commerce, with a view to develop an ASEAN Agreement on Electronic Commerce to facilitate cross-border e-Commerce transactions in ASEAN. It shows some strategic measures such as the following:

i. Harmonised consumer rights and protection laws;

ii. Harmonised legal framework for online dispute resolution, taking into account available international standards;

iii. Inter-operable, mutually recognised, secure, reliable and userfriendly e-identification and authorisation (electronic signature) schemes; and

iv. Coherent and comprehensive framework for personal data protection.

More recently, some of these strategic measures have tuned out to become actual framework and agreements to be implemented by the ASEAN Member States.

(2) ASEAN Work Programme on Electronic Commerce (AWPEC) 2017-2025

This programme is divided into eight segments (infrastructure, educational and technology competency, consumer protection, modernizing the legal framework, security of electronic transactions, competition, logistics and e-commerce framework), based on the different mandates of the relevant sectoral bodies and strategic measures under the AEC Blueprint 2025. The ASEAN Agreement on Electronic Commerce is one of the first steps towards enhancing e-commerce in AMS.

(3) ASEAN Coordinating Committee on Electronic Commerce (ACCEC)

ACCEC was established in 2017 to enable ASEAN Member States to develop and use e-commerce to drive economic growth and social development in the region, in coordination with the relevant ASEAN sectoral bodies. The ACCEC negotiated and finalised the “ASEAN Agreement on Electronic Commerce” which was signed by the ASEAN Economic Ministers in January 2019.

(4) ASEAN Agreement on Electronic Commerce

This Agreement was fully signed in January 2019. ASEAN member states recongised “the role of electronic commerce (e-commerce) in driving economic growth and social development in the ASEAN region.” Its objectives are to (a) facilitate cross-border e-commerce transactions in the ASEAN region; (b) contribute to creating an environment of trust and confidence in the use of e-commerce in the region; and (c) deepen cooperation among the ASEAN Member States to further develop and intensify the use of e-commerce to drive inclusive growth and narrow development gaps in the region.

It also highlights specific issues to facilitate cross-border e-commerce: (a) Paperless Trading, (b) Electronic Authentication and Electronic Signatures, (c) Online Consumer protection, (d) Cross-border Transfer of information by Electronic means,

(e) Online Personal Information Protection, (f) Location of Computing Facilities. CLM countries has 5 year moratorium on (b) Electronic Authentication and Electronic Signatures, and (c) Consumer Protection.

(5) ASEAN Framework on Personal Data Protection (2016)

This Framework was adopted in November 2016 as an outcome of the ASEAN Telecommunications and IT Ministers Meeting (TELMIN). Its objectives are to strengthen the protection of personal data in ASEAN and to facilitate cooperation among the member states, with a view to contribute to the promotion and growth of regional and global trade and the flow of information.

It specifies the principles of personal data protection as follows: (a) Consent, Notification and Purpose, (b) Accuracy of Personal Data, (c) Security Safeguards,

(d) Access and Correction, (e) Transfers to another Country or Territory, (f) Retention, (g) Accountability.

However, this framework serves only as a record of the ASEAN Member States’ intentions and will not be deemed to create any legally binding commitment.

(6) ASEAN Framework on Digital Data Governance (2018)

This Framework is intended to enhance data management, facilitate harmonization of data regulations among ASEAN Member States, and promote intra-ASEAN data flows. Priorities of digital data governance that support the ASEAN digital economy are as follows: (a) Data Life Cycle and Ecosystem; (b) Cross Border Data Flows; (c) Digitalization and Emerging Technologies; and (d) Legal Regulatory and Policy. This will not be deemed to create any legally binding commitment.

(7) ASEAN Digital Integration Framework (2019)

This Framework enables ASEAN Member States to prioritize existing policy actions that will deliver the full potential of digital integration. The following six priority areas are identified for the immediate term to address the critical barriers and accelerate existing ASEAN platforms and plans to realize digital integration: (a) Facilitate seamless trade; (b) Protect data while supporting digital trade and innovation; (c) Enable seamless digital payments; (d) Broaden digital talent base; (e) Foster entrepreneurship; and (f) Coordinate actions.

In line with these regional programmes and initiatives, each country has constructed its own national strategies on digitalization as well as e-commerce.

1.2. Legal and Regulatory Framework on E-Commerce in CLMV

In order to better understand the current situation surrounding legal framework on e-commerce, the study carefully examined ten areas that seem relevant in the context of enhancing the regulatory scopes as well as actual business practices in e-Below are explanation of the ten issues studied over the course of this project. Importance of these issues and prioritization may vary depending on the level of development in each country. However, the study attempts to cover the issues that are relevant to enhance e-commerce and related businesses in any jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case..

(i) Electronic Transactions

Legislations on electronic transactions generally facilitate both business operators and end-users in realizing e-commerce-related services by providing legal assurances to certain extent. Most countries enact different laws by different targets such as government body, private entity, and individual citizens and / or by types of businesses as well as instruments such as electronic communications, electronic records and electronic signatures.

Relevant laws are mostly designed to follow international and regional frameworks as well as best practices. The ASEAN Agreement on Electronic Commerce has become one of the regional standard to be followed by the member states.

(ii) Privacy and Personal Data Protection

Privacy may be defined as the claim of individuals to determine when, how and to what extent information about them is communicated to others. It relates to the right of individuals to control what happens with their personal information. Personal information usually needed to be protected includes address and contact information, financial information, not only for him or herself but also beyond family and relatives.

While many economic activities and businesses still rely on personal relationships and customs of sharing information with others including personal data in some occasions traditionally inherited commonly across many Asian countries, this issue is considered to be quite challenging. Similarly, ASEAN Member States are not an exception. Even a country with some legal framework in place, these protection measures are generally stipulated in various law sector-wide and the effectiveness of the enforcement is limited in most countries. Most countries are eager to promote digital economy in recent years and protection measures that may cause disruption to these growth stories tend to be dealt with a lower priority.

(iii) Online Consumer Protection

Legislation on consumer protection aims to protect interests of consumers that occur during transactions between consumers and business providers which involves government regulation. Protection measures could be applied through obligations to be followed by business providers together with penalty scheme for violations as well as ways to secure consumers when they are harmed. The issues cover a wide range of areas such as unfair business practices, liability of products and services, fraud and misconducts. Legal provisions also commonly set economic sanctions and penalization schemes to be applied to those fraud acts and those that violate the rules.

Similar to privacy and personal data protection, consumer protection is also challenging for some countries in ASEAN. A balance between penalization and promotion of digital-related businesses is needed in order for a country to achieve a conducive business environment.

(iv) Cybersecurity and Cybercrime

Cybercrime is the use of computer as an instrument to illegal ends such as committing fraud, violating privacy and intellectual property. Most well-known types of such crimeCrime A positive or negative act in violation of penal law; an offense against the state classified either as a felony or misdemeanor. are internet cracking and viruses that are spread across software such as intranet and mobile apps as well as hardware such as computers and cellCell The smallest unit that can live on its own and that makes up all living organisms and the tissues of the body. A cell has three main parts: the cell membrane, the nucleus, and the cytoplasm. The cell membrane surrounds the cell and controls the substances that go into and out of the cell. The nucleus is a structure inside the cell that contains the nucleolus and most of the cell’s DNA. It is also where most RNA is made. The cytoplasm is the fluid inside the cell. It contains other tiny cell parts that have specific functions, including the Golgi complex, the mitochondria, and the endoplasmic reticulum. The cytoplasm is where most chemical reactions take place and where most proteins are made. The human body has more than 30 trillion cells. phones. High number of crimes are reported globally and the damage due to these crimes could be very harmful at the national level. Legislation on cybersecurity is therefore important to protect and prevent such cybercrime occurring at anytime anywhere.

Cybersecurity can be assured at certain extent to those who enroll and install detecting devices or software on top of usual cautious practices / habits by any users. Nevertheless, that is still insufficient to prevent and protect all kinds of criminal activities such as hacking and terrorism at the national level. Many countries usually have specific law for cybersecurity while others have law with additional provisions on the usual criminal code.

One of the key initiatives in the international community is initiated by the Council of EuropeEurope Once the word came to be peculiarly associated with the transalpine formations of Latin Christianity, it became a cultural term as well as a geographic one. The word “European” merged with the word “Western” and there was a supposed “Western civilization” occupying the Atlantic region, colonizing the two continents and making contact with the Pacific. EU is a “union of states which lies between confederation and federation. Read more. Convention on Cybercrime, which is also open for non-EU states to ratify. So far, no ASEAN Member State has joined the Convention but each country has been developing its own legislative measure for cybersecurity that is similar to the provisions in the Convention.

(v) Content Regulation

Legislation on content regulation online generally regulates the subject presented through online as well as the access to such subjects through the internet. Those controls and monitoring are conducted by the relevant government agencies with specific mandates cooperating together with other regulators when it comes to enforcement.

This issue has not necessarily been a focal issue compared with other issues with higher priority amongst ASEAN Member States. Some business operators doing business across borders in the region however have voiced concerns on the confusion and ambiguity of the existing regulations in some countries. Transparency of legislation should be improved to serve the consumers and business providers in these countries and region wide.

(vi) Domain Names

A domain name is an internet address that shows the name of a particular organization that address belongs to. IP address is a number that is given to each devices when it is connected to the network. Legislation on domain names generally specifies the standards and requirements for obtaining such names and addresses. Each country is assigned with a unique top-level domain name such as “.jp” for Japan by a global regulating body called Internet CorporationCorporation A legally established entity that can enter into contracts, own assets and incur debt, as well as sue and be sued—all separately from its owner(s). The term covers both for-profit and nonprofit corporations and includes nonstock corporations, incorporated membership organizations, incorporated cooperatives, incorporated trade associations, professional corporations and, under certain circumstances, limited liability companies. for Assigned Names and Numbers (ICANN).

Regulation of domain names are commonly implemented in the earlier stages of legislation of digital-related policies and framework in most countries by adopting global standards. These standards are backed by international practice for resolving disputes applying Uniform Domain-Name Dispute Resolution Policy (UDRP).

(vii) Paperless

In line with the eco-friendly concept and various practices promoted under the Sustainable Development Goals10 (SDGs), paperless has become much familiar amongst global community. As part of paperless activities besides efforts in reduction of unnecessary printing and xeroxing of documents, private sector as well as the government agencies adopt digitalization of documents, files and application forms in many countries.

In the context of e-commerce and digital trade, technologies such as “cloud computing”, “blockchain technology” can promote the paperless transaction. Utilizing “cloud computing” has become an increasing trend to facilitate online transactions, which helps working environment as well as documentations to become paperless. Cloud computing is available worldwide regardless of physical location as long as stable internet access is assured. Common uses of cloud computing are to share common platforms of resources and information, data storage and applications. Using “blockchain technology”, companies, banks, and other stakeholders can issue, exchange, and sign encrypted documents. It can enhance the security and lead paperless and cutting cost and time. Legislation on realizing such technologies as well as implementation of necessary infrastructure are both important in pursuing paperless environment. In addition, policy frameworks for protecting online security, intellectual property rights and privacy are also needed since going paperless ultimately means managing documents digitally online.

This issue is relatively new in ASEAN and there is not yet a common direction at the moment. While some countries are cautious about promoting cloud computing due to potential threats to local businesses without adequate protection measures, each country is keen to implement relevant legal and regulatory frameworks for the benefit of the country to become paperless and efficient.

(viii) Spam

Spam is a type of unwanted, unsolicited digital texts that traverse online and usually sent out in a bulk in the form of short messages, emails, and chats. Anti-spam measures are generally implemented at different layers. While setting rules on software and application on computers and portable devices at the individual level could make a difference, most common layer is by the internet service providers through their filtering and scanning system.

Some sophisticated spams that contain viruses and hacking tools are detected worldwide on daily basis and could be harmful if there is no measure to block or prevent them. Many countries adopt anti-spam rules and regulations commonly stipulated together with cybersecurity and protection measures for cybercrime. So far, only Viet Nam amongst CLMV countries has implemented the law.

(ix) Electronic Authentication and Signature

Electronic authentication provides a level of assurance of someone, something or what it claims to be in a digital environment commonly associated with a signature for verification. This scheme is also strongly related to paperless or digitalization of documents which enables speedy and efficient operations of any kind. Many countries follow the guideline recommendations published by the Organization for Economic Cooperation and Development (OECD) in 200711.

By nature, this issue is often times correlated with the promotion of e-government in many countries. While there is an increasing trend of e-government in ASEAN Member States, only few have been able to construct a policy framework and initiative in reality. Others seem to have issues and constraints due to limited resources and financial capabilities.

(x) Data

While data is perceived as an important factor in relevance to e-commerce, a newly added ”(X) Data” contains all data issues including those that cover “(VI) Domain names” since domain names is typically a matter of physical location of data.

Data varies from simple information to sophisticated ones and could become very valuable for those who utilize them to compete against other businesses.

In particular, utilizing accumulated data or “big data” in the commercial area is drawing more attention globally. New services with value add could have a big impact in improving living standards amongst households and reducing operational costs amongst companies. Concept on open data usage is one approach that some governments and private companies take in order for their acquired data to be utilized for the benefit or improving the living standards, coming up with creative and profitable ideas through sharing the available data to public usually for minimal or free of charge.

While almost all data that are accumulated needs realignment and classifications in order for them to be utilized and/or analyzed, standardized data architecture is also becoming a global trend. Utilization of data could be efficient and easier with common data architecture.

Government and related organization in Cambodia

Government and related organization in Lao PDR

Government and related organizations in Myanmar

Government and related organization in Viet Nam

List of Related Legislation and Corresponding Government Ministri

Cambodia

Lao PDR

Myanmar