Assignment Sample on Commercial and Consumer Law 

1. Introduction

In this competitive market scenario, organisations are focusing more on the usage of advanced technologies to improve their business process and increase their production function. However, there are some of the issues and challenges that have been faced by the organisation and it also affects the experience of those customers. In this case, there are brief descriptions of some laws and jurisdictions that have to be maintained to manage the performance of those technologies. The aim of this context is to identify the legal jurisdiction in case of identifying the issues of advanced technologies and their impact on the organisational development process.

2.   Selection of specific new technologies and discussion associate legal problems

In this industrial era, the advancement of science and technology has triggered business growth and development by implementing advanced tools and platforms. It further enhances different positive effects in commercialization and regulates the action of merchants, sellers and buyers. Consumer technologies drive several businesses through advanced Internet operations and the implementation of technologies[1]. The new technology has empowered the consumers and provides unlimited access to demand services, products, and information. Multinational e-commerce organizations, for instance, eBay introduce a digital platform and the association of social media has provided consumers the biggest voice. Advanced technology and social media promotion create new channels for communication with different brands with sharing different opinions and customer needs. These implementations of technology assist these e-commerce organizations to connect more with their global customers through using multiple devices.

The continuously evolving technology has reflected a significant impact on consumer behavior and creating organizations’ brand image. The emergence of the technology identified customer trends and acted as a powerful catalyst of organizational change. Commercial and Consumer Law effectively regulates the action of people, businesses by protecting the buyers from perfidious and fraudulent sellers[2].  In this challenging market, the commercial laws allow several commercial activities for meeting the demands of customers through following trade customs, transaction processes, and market prices. Understanding the selected technologies and their associated legal problems is significant to delivering better value and conducting authentic business processes. Recently, e-commerce organizations implement technologies and it sometimes creates several business problems that further affect customer engagement[3]. This section critically focuses on these new technologies and their associated legal problems to foster effective business solutions.

2.1.   Selection of new technologies

“New technologies” effectively involve advanced, novel, and prominent innovations within the several fields of modern technology. Nanotechnology, development in “Artificial Intelligence” (AI), engineering techniques and social networking, 3D printing, “Internet of Things” (IoT) becomes popular and foster business growth. Sometimes a few technologies fall within the scope of laws by regulating the use of evidence, data, and invention laws[4]. “Security vulnerabilities”, “Unlawful use of beacons”, “RFID technology”, “Bitcoin Payment” are the technologies that fall into several legal problems. It makes both the consumer and organization problematic issues and that further results in loss of organizational data, personal information, and so on. The emergence of science and technology increases cybercrime issues and this unlawful use of technologies fosters several business problems. The UK government has put different efforts to regulate these advanced technologies with enhancing positive effects by ameliorating negative consequences.

The popularity of big data, nanotechnology, augmented reality, and IoT is continuously increasing and shaping the business environment. Different privacy laws, ‘laws of evidence’, ‘copyright law’ and ‘patent law’ create threatening concerns for several organizations[5]. eBay is highly concerned about this implementation of technology and critically introduces “Online Dispute Resolution” (ODR). This emergence of advanced technology has created several problems and privacy issues for both organizations and their users. In this industrial era, organizations embrace this advanced technology to connect more with different customers to increase business growth and performance. The preinstalled malware drives different security loopholes and vulnerabilities and creates several flaws by reducing organizational core information[6]. Organizations are continuously evolving with this advanced technology to make the business process faster and more effective.

These new technologies bring different benefits and pose challenges to the organizations and the citizens and the “research, development and regulations” are put to effective solutions. The privacy of users, unlawful surveillance, and security vulnerabilities create different threatening effects for organizations. Sometimes, the weak password system allows hackers to penetrate the information systems by using different techniques[7]. Lack of security awareness, lack of security awareness, software bugs, and non-existent antivirus programs are the key loopholes of new technologies. On the other hand, the new technologies containing pre-installed malware drives several problems and pose a business threat. Then non-contract use of “radiofrequency electromagnetic fields” for data transfer created several problems in RFID technologies and led to several business challenges. This unlawful use of RFID technology, social networking by creating several fake accounts, and wireless transmitter led to several complications in business.

The creation of fake accounts, hacking a social account, and distribution of apps without authorization make a threatening concern to customers.  The rise of cybercrime issues makes the organization and the customers concerned about different payment techniques and it critically reduces organizational potential customers[8]. The Bitcoin payment process faces different scalability issues for simultaneous transactions and creates several other business problems. The emergence of advanced technology makes the business process smoother and easier and it poses these critical challenges for both customers and businesses. In this pandemic situation, the organization introduces a digital platform to increase revenue and connect with its potential customers. Therefore, organizations are evolving and regulating this advanced technology and face different legal problems due to unauthorized versions and cybercrime cases.

These advancements of technologies reduce cost and organizations are more connected with their global customers. Cloning of RFID chips, infection with computer viruses are several other factors that provide unauthorized access to criminals. The emergence of different digital platforms has created authentication issues for leading organizations by creating fake profiles, chats, and posting issues. Unlawful use of advertisements, forearms, podcasting, RFID technology, and blockchain creates several business problems and complications[9]. In this scenario, the organizations are highly concerned with identifying the challenges and implementing different strategies to provide authentic digitized services to their customers. These unethical practices in different technologies make the customer worried and reduce organizational sales in this challenging market. Therefore, it is imperative to note that the emergence of New Technologies has created several business complications and challenges affecting its financial performance.

2.2.   Discussion of legal problems

In this era of globalization, the unlawful practice and use of different digital platforms and technologies create several legal problems that affect organizational performances. The unlawful use of RFID technology, fake account, hacking, and payment techniques leads to different legal problems. Data security, Cloud computing, big data open-source software, social media liabilities, virtual currencies, remote control, and mobile payment are subjected to various degrees of regulations. Unnoticed criminal activities are occurring by this use of unlawful technologies without a proper locking system and unauthentic versions[10]. It critically jeopardizes different accusations and creates a wide range of problems in the business transaction process. Sometimes, it violates patent laws and other legal frameworks and organizations are adopting unauthorized digital platforms to connect with the customers. Technology-based problems become a major problem in this area that drives different legal complications affecting the financial performance of organizations.

“Online Dispute Resolution” (ODR) is implemented to mitigate different business challenges and complications in the digital platform. The Alice Case is regarded as a significant drop in software patents that are critically judged by the “UK Supreme Court”. Besides, the Bilski case is almost the same under software patents and creates several business challenges due to unlawful practice and the use of different technologies[11]. Recently, the outbreak of the pandemic has triggered organizations to establish digital platforms and in this case, patent laws become one of the critical concerns that particularly affect an organization’s financial conditions. “The Stored Communication Act” (“SCA, codified at 18 U.S.C. Chapter 121 §§ 2701–2712”) provides the privacy of different users through controlling the internet service systems[12]. It further improves the communication process and the organizations are able to create strong relationships with different customers to increase business growth and performance.

Authenticity in digital platforms is one of the significant legal problems that pose different challenges for organizations in this challenging market. These new technologies create several advantages as well as pose different challenges and complications in business due to unlawful installation and unauthentic practices. The SCA act is significant in understanding several challenges in digital platforms and provides effective solutions for greater business benefits[13]. The weak password system sometimes violates users’ privacy that reduces organizational sales and businesses in this competitive time. This use of advanced technologies and systems through unlawful and without maintaining proper procedure lead to several privacy concerns and organizations are facing problems due to the loss of organizational data. Copyright issues become another problem due to the rise of advertisement techniques and social media promotion under the presence of different brands.

Therefore, it is imperative to state that the emergence of digital technologies and the rise of cybercrime create several business threats and complications. In this scenario, organizations are facing severe business loss and potential challenges in engaging customers. The rise of cybercrime makes customers avoid digital payment methods for the loss of personal data and information. In this pandemic situation, organizations are more emerging in digital platforms and this evolves several legal and ethical problems[14]. The unlawful use of RFID technology creates problems in product distribution and unauthentic blockchain activities lead to payment challenges. This implementation of these technologies and unlawful practices violates patent laws for the presence of several competitive organizations. It finally results in loss of organizational data, reduces users, and reflects a harmful impact on organizational economic condition. In this case, organizations are highly concerned about mitigating these legal problems by installing authentic practices and preventing unlawful activities.

3. Discussion of Law reforms in the UK, EU and other jurisdictions to address the problems of the chosen technologies

In the case of using advanced technologies, there are some of the issues faced by the organisation and this affects the customer engagement process of the business. On the other hand, it also affects the experience of those customers for which the management team of those organisations have to go through to understand the laws and jurisdiction for their business development process^[15]. In the case of the development process of an organisational infrastructure and development process, Block chain technology is one of the most important advanced technologies which helps the organisation to improve their supply chain management process effectively^[16]. This technology also helps to reduce the cost of those organisations and they are able to improve their financial cash flow.

There is the “Consumer Protection Corporation Act” which is a network that is responsible for maintaining the customer protection act by which they are able to maintain the jurisdiction to resolve technology-related issues. The network is underpinned by Regulation 2006/2004, which is replaced by Regulation 2017/2394 (CPC) on Consumer Protection Cooperation from 17 January 2020. The organisations are more into using these digital technologies and the business organisations are focusing on the e-marketing facility. However, there are several types of fake data and information has been collected about the usage of these technologies organisations that are providing low quality based products to their customers which impact the customer experience^[17]. In this scenario, the CPC act helps to maintain their business procedures by providing the facility of cross-border product servicing process and it mountains the passenger rights, comparative advertising and package holidays. These new rules and regulations help to perform the fast selling process of their products and they are focusing on mystery shopping, suspending and taking down websites. This also helps the third parties to report and inform about the issues to the nations by which there are fewer chances of having issues in the marketing process. This act helps the customers with the procedures about the business proceeds and they are able to know the price of those products. As a result, they are able to mitigate the risk factors related to this online marketing process.

On the other hand, the management team of that organisation also have to utilise their experience to develop an effective planning process and strategic development process^[18]. In this case, they have to research these laws and judiciaries and proper usage of these advanced technologies for their business development process^[19]. It helps to develop stronger mechanisms to investigate and tackle widespread infringements. On the other hand, regarding this type of e-marketing process, ODR centres have been created which help to identify th such types of issues challenges and they are able to take action on the basis of the complaint of those customers and management team. This resolution centre arranges meetings between both particles and they are able to get a proper discussion about the matter.

However, in this scenario, the party is claiming the proper resolution of these issues. They are creating a list of the possible solutions to such issues and the other party has to choose one of them to resolve it. If both of the parties are properly satisfied with the decision then it takes to resolve the dispute^[20]. This helps to maintain the digital marketing procedure and maintain the customer’s right to claim a proper solution to the dispute. Nowadays, people are more into using bit coins and crypto coins in their daily lifestyle to improve their financial status. On the other hand, this block chain technology helps to get information about criminal records, voter records and other information by which the criminals are able to use it for their own purpose. In this case, it impacts the customer management process and the customer experience which impacts the sales percentage of those organisations.

There is the “International Consumer Protection and Enforcement Network (ICPEN)” law which is also impacting the commercial and customer issues on the international process. This act helps the nation to share the issues and challenges of their customers to the cross border commercial process and the employees are able to provide customers service to their customers^[21]. This helps the organisations to resolve such kinds of issues and the nation has a high chance of having international collaboration^[22]. This law and jurisdiction create dedicated organisations which collect data and information about the transaction of international customers and maintain the authenticity and security of their products. These processes help to provide quality based products and increase the customer retention part of an organisation^[23]. They help the employees to research the disputed products and the employees are able to get the proper solution to the issues that have been faced by them. However, most of the people are unable to know about this service and do not know the right procedure to lodge a complaint on it and there are several fraud cases and they get damaged products which have quality related issues or broken, in this scenario, the Govt. has to be aware of a large number of people about the right process to use this customer protection act to get solutions about such types of issues and challenges^[24]. Several organisations are using this process to increase their profit earnings but it affects other organisations who are new on the market and do not have a proper customer base. This kind of scenario affects the customer buying attitude and they are unable to trust the start up companies for such types of issues^[25]. In this scenario, the people have to be aware of the legislation of the government which helps them to maintain the consumer protection act to maintain the usage of the e-marketing process and mitigate the issues and hurdles in these marketing platforms.

There is “Intergovernmental Group of Experts on Consumer Protection” act is used by the UK for consumer protection. The employees are researching the business processes of other organisations through this act to understand their business process. This helps the employees to collect necessary information about those companies and their product development process. This law provides the power to those employees by which they are able to resolve the consumer-related issues for maintaining their experience towards this e-marketing process. In this scenario, the organisations also have to maintain these laws and jurisdiction to maintain the workflow of the organisations. This provides legal support and increases the goodwill of those organisations. The organisations have to maintain the proper quality of their products and the employees have to focus on providing proper customer service to their customers^[26]. This act is mainly focusing on three key areas which the toolkit focuses on intelligence sharing and coordination, investigation and securing outcomes. Therefore, “The Stored Communication Act” (“SCA, codified at 18 U.S.C. Chapter 121 §§ 2701–2712”) is also used as a consumer protection act which provides the opportunity to those people who are facing such kinds of issues for e-marketing. Advanced technologies are providing several opportunities to business organisations but they have to go through maintaining these laws and judiciary to maintain the workflow of their organisations^[27].

4. The development of national and cross-border enforcement framework

4.1 Private enforcement

When the consumers are not provided with their rights as per the consumer law then Private enforcement happens. This enforcement is supposed to be implemented through small claims to the courts for “low-value disputes”^[28]. The literature for this study has been drawn from the “World Health Organizations” based on the consumer laws of different fields, for instance, psychological and medicinal fields. Private enforcement is important in the consumer law for reducing incentives to protect the customers. According to consumer law, this is the way to protect the rights of the consumers.

4.2 Public enforcement

Public enforcement has been considered as it has a crucial but unrecognized impact on consumer law. Law enforcement is supposed to be done based on the public enforcement actions and policing has been one of the major impacts of this enforcement. The social, health, and security issues are supposed to be investigated under this law^[29]. The public enforcement law has been revised for the usage of digital references. Public enforcement involves two different enforcement structures such as the National Enforcement Structures and the Cross Border Enforcement Structures that have been discussed below:

4.2.1 National Enforcement Structures

The UNODC (United Nations Office on Drugs and Crime) contains a range of associations with the “law enforcement officers” who are enforced to handle the crimes occurring in their local areas. The e-crimes that are the cybercrimes are handled in this section and cyber security has been considered for the consumers^[30]. The integration, interaction, and coordination have been expected from the consumers to resolve the cases^[31]. Effective protection is needed in the whole action in this regard to eliminating the crimes soon. The key actions taken under the National Enforcement Structures are security issues and police cooperation.

Development of the National Enforcement Structures

The development of the National Enforcement Structures is based upon certain criteria that have been discussed in this study. The protection of commercial and consumer law has become an important issue and as there are several importance of National Enforcement in these laws the development of this structure has been discussed further^[32]. As National Enforcement varies in different countries the enforcers have grouped the whole structure in several parts and those sectors are monitored by particular sectoral guards. In this regard, some countries show some flexibility in their enforcement structure and some countries do not show the same. The UK shows some flexibility in its National Enforcement Structure. Most of the countries follow their respective enforcement acts with the implementation of modern technologies. However, some companies have made up several specialized units. All the individuals under this enforcement structure are trained well and they have also been provided the utilization of Artificial Intelligence (AI).

The National Enforcement Structures include the CMA digital papers where strategies for developing the National Enforcement Structures have been mentioned. The attorney department and the police departments have the right to analyze the national policy as per the crime and situation^[33]. However, under no circumstances the wellbeing of mankind is not supposed to be harmed or compromised. The political and social actions are not supposed to be integrated into this structure and separate structures are supposed to be maintained in this regard. The National Enforcement Structures are supposed to not harm the cultural aspects of the people of the nation and maintain a balance in their duty. The enforcement structure is supposed to be developed in such aspects that the nation supports the view, rules, and regulations decided by the enforcement to consider the consumer and commercial law.

4.2.2 Cross Border Enforcement Structures

The Cross Border Enforcement Structures are based on the medium especially on the internet to protect the consumer and the commercial law. It minimizes the criminal activities which are occurred based on the trans-border activity^[34]. They eliminate the ‘smuggling’, “induction of FICN in the country” and “human trafficking”. It also promotes several trans-border economic and trade activities that are beneficial for the financial aspect of the nations. There are no international activities and it protects the private trade companies. It considers the benefits of the nations as well as the benefits of the states also.

Development of the Cross Border Enforcement Structures

The Development of the Cross Border Enforcement Structures has been considered in this study as it has immense importance upon the commercial and the consumer law. As discussed earlier, the Cross Border Enforcement Structure is based upon the medium of the internet. The structure includes several enforcements such as the variations based upon the applicable legal regimes. The structure also follows the limitations which are defined in the mechanisms of the private investments. The Cross Border Enforcement Structure includes the most important factor for promoting and maintenance of the commercial and consumer law that is the variations in the public enforcement mechanisms in several places^[35]. The e-commerce field maintains a large national activity in this regard for logistic delivery of the goods and services that are considered consumer law. The rights of the consumers have been protected under the development of the Cross Border Enforcement Structures. The trading standards have been upgraded for the utilization of these enforcement acts.

This enforcement act expands the scope of CPC regulation and allows different authorities to receive commitments of the traders and give the knowledge to the consumers. This strengthens the power of the national authorities to act on online practices for the security of the rules and regulations as per the consumer and commerce law^[36]. This enforcement act reviews develops and maintains the mechanisms of the national policies. The cooperation of the individuals of the nation is expected to maintain the Cross Border Enforcement Structures.

5. Conclusion

In this context, there is brief information about the laws and judiciary that has been created for consumer protection and maintaining the process of e-marketing in this competitive market scenario. In this context, there is information about the advanced technologies which are able to create business opportunities and provide competitive advantages to the organisations, but there are some of the issues that have been found which are affecting the marketing procedure and the buying experience of those employees. Some of the advanced technologies have been mentioned along with the possible challenges and risk factors that have been faced by both the management team as well as the people. However, the Govt of the UK and Europe has improved these laws to provide more safety to the consumer by which they are able to get the possible solution in the meantime. There is a list of those laws that are helping in resolving such types of issues are mentioned in this context. In this context, there is the development of a national and cross border enforcement framework that enhances the quality of understanding of this topic. Other organisations have to look after these laws to maintain the experience of their customers and maintain their sales percentage.

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