A comparative Study on Consumer Right to Data Privacy in E-Commerce

Abstract
The number of electronic commerce (e-commerce) transactions has developed phenomenally with boundless Internet use.
The privilege to protection is especially critical in web based business. As of late, the security insurance for purchaser
exchanges has turned out to be increasingly vital in online business. This paper expects to build up the study on the
legislation of online business buyer rights insurance. It is a relative study on important directions of the privilege to security
in European Union, the United States, and Malaysia. The most illustrative arrangement may be the Data Protection Directive
in the EU, which not just controls the rule for web based business customer ideal to security insurance, additionally lays out
criteria to be tolerated. The present status and existing issues in Malaysia are likewise broke down and a few
recommendations are made to enhance the legitimate arrangement of ideal to protection. The paper distinguishes headings
for the future advancement of the security assurance from a lawful viewpoint.

1. Introduction
E-commerce is developing fast over the time
aligning with the advancement of information
and network technology. When people come
across the term e-commerce, it is usual to
think that it is an internet shopping activity.
However, the fundamentals of e-commerce are
way deeper than that. E-commerce revolves
around the bases of commercial transaction on
the foundation of electronic processing and
transmission of datum, text, sound and image.
Electronic transactions are made between a
company and a consumer as well as between
different companies. Both have issues of
technical security, but, the first transaction
type that mainly raises privacy issues, as the
privacy protection for consumer transactions
in e-commerce has become more and more
important. Therefore, it is essential to
strengthen the study on the legislation of ecommerce consumer rights protection.
Malaysia has paid some attention to
the consumers rights protection all along and
constituted relevant laws and regulations to
protect consumer rights. However, most of
these laws and regulations have only been
made for the protection on general consumer
rights without specific provisions of the
consumer rights protection in e-commerce.
This is totally opposite in comparison to
developed countries with more advanced
information technology set -up, for example,
European Union (EU) and the United State of
America (US), have established some
sophisticated system of legal protection of ecommerce consumer rights.
The right to control ones personal
information becomes an increasing subject of

concern. This is with in time of widespread

electronic communication and increasing
industry pressure for standard electronic
authentication. Due to the large amounts of
data available, there are high chances of an
invisible people appears most obviously in
e-commerce. It is also partly due to the high
payoffs expected from using this data for
commercial purposes. Hence, the right to
privacy is important in e-commerce. In this
paper, a comparative study was made on how
to protect consumer right to learn the truth in
e-commerce, comparing the relevant laws and
regulations in Malaysia and developed
countries.
2. Definition and Characteristic of ECommerce
E-commerce compromises of the buying and
selling of products or services through
electronic systems as the Internet and other
computer networks. It is the commercial
activity which utilizes electronic and digital
means as a new form of business. Parties carry
out a transaction through electronic trading
rather than face-to- face transaction.
Contemporary electronic commerce typically
uses the World Wide Web at some point in the
transactions process and through a wider
range of technologies such as e-mail at other
point as well. The use of commerce is
conducted in a way of spurring and drawing on
innovations in electronic funds transfer, supply
chain management, Internet marketing, online
transaction processing, electronic data
interchange (EDI), inventory management
systems, and automated data collection
systems.

The qualities of online business leave

the focal points it gives. With the innovation of
PC and system, internet business creates a
virtual worldwide exchange environment
unbounded of time and space, which has
fundamentally extended markets, diminished
expenses, advanced customary ventures
changes and enhanced the productivity and
nature of administration in business exercises.
Internet business is helpful for the
development of flow arrangement of cutting
edge trade and has turned into an important
some portion of current administration
industry.
There are a few components of web
based business exchange fundamentally
unique in relation to the customary ware
exchanging. Firstly, customers just can acquire
data of merchandise by ad, instead of genuine
perception, determination or review. If the
online venders don't disclose all appropriate
data and give false information, the interests of
buyers would be abused. Secondly, the
exchange of cash paid for products can't be
done promptly. By and large talking, in ecommerce exchanges, the customers dispatch
to online merchants at first and let them know
the wanted merchandise. The online merchants
will entrust the products to the customer in the
wake of getting settlement. Thirdly, one of
imperative components of web based business
exchanges is how to ensure that a legitimate
contract hosts been entered between the
gatherings. Surveying the legitimacy of
agreements is troublesome in the Internet
environment because the agreements are
paperless. The arrangement of computerized
marks is subsequently basic in advancing
online business since it guarantees that all
gatherings have entered in a coupling legally
binding assertion.
3. The Right to Privacy and Its
Characteristics
The idea of protection is exceedingly
fascinating. Maybe its most striking
component is the way that there is no assertion
upon what it really is. The "privilege to
security" has enlivened significant civil
argument in many fields including the ranges
of law, reasoning, humanism, governmental
issues, and more as of late, software
engineering. This civil argument is captivating,
complex, and now and again rather amazing.

Moreover, how the privilege to security tolls

when connected to the universe of web based
business is a significantly more antagonistic
issue.
Today exchange in internet business
commonly requires the revelation of a lot of
individual data. Important data incorporates
Mastercard data and conveyance subtle
elements. Likewise, the ownership of such
data gives e-business the chance to investigate
it, finding patterns and expanding the
productivity of their business dealings. Buyers
commonly had no clue with regards to the
scope of conceivable uses that ownership of
this data takes into consideration, and along
these lines had no clue with regards to the
conceivable infringement of their security that
could happen. Be that as it may, in the most
recent decade, customer familiarity with
protection is in-wrinkling, especially among
the Internet clients. They be-gin to request that
their security be regarded by web based
business, which requires the enactment of
online business buyer rights assurance.
4. Policy of Major Legal System
4.1 Malaysia
Malaysia boasts a comprehensive suite of ecommerce laws in place, based on a
combination of the Electronic Commerce Act
2006 and the Electronic Government Activities
Act 2007. With the introduction of the
Personal Data Protection Act in 2010,
Malaysia also became the first ASEAN
member country to pass privacy legislation.
The Government considers that some
provisions of its e-commerce legislation may
need to be updated in view of technological
change and the emergence of social
networking and mobile applications (Akinola.
et, al, 2015).
The Electronic Commerce Act 2006 is
the key source of electronic commerce
regulation for the private sector. It is
complemented by the Electronic Government
Activities Act 2007, which applies similar
rules to the public sector. The Electronic
Commerce Act 2006 closely mirrors the
United Nations Electronic Communications
Convention. Malaysia also has specific
legislation for digital signatures the Digital
Signature Act 1997. The legal framework of
the Act was strengthened to encourage future

use, by way of the Digital Signature

(Amendment) Act 2001. In addition, the
Electronic Commerce Act 2006 contains broad
technology-neutral provisions on electronic
signatures (Hamid, et. Al, 2007).
In February 2003, the ECSG set up a
Data Privacy Subgroup to build up an
arrangement of protection standards and usage
components, to proceed with the trading of
data on improvements identified with
information
security inside
individual
economies and to energize open mindfulness
by distinguishing and sharing prescribed
procedures on information security assurance
which is ensuring the individual data of buyers
while likewise encouraging trans-outskirt
information streams. With a specific end goal
to cultivate the improvement of good ways to
deal with information protection in the district,
in 2002 the ECSG embraced a mapping
activity of APEC economies and their ways to
deal with information protection.
According to Manap, N. A. (2008)
Malaysias general consumer legislation, the
Consumer Protection Act 1999 protects
consumers against a range of unfair practices
and enforces minimum product standards.
Recent years have seen amendments made to
the Act in 2007 to widen its scope to cover
electronic commerce transactions and in 2010
to introduce, among others, a new provision on
general safety requirement for services and the
protection to consumers from unfair terms in a
standard form contract.

address consumer complaints. Part 8 also

contains provisions on the handling of
consumer complaints (Lim, S. and C., Tan
2013).
An Act to provide for legal recognition
of electronic messages in commercial
transactions, the use of the electronic messages
to fulfil legal requirements and to enable and
facilitate commercial transactions using
electronic means and other matters connected
therewith. Any information shall not be denied
legal effect, validity or enforceability because
it is wholly or partly in an electronic form.
And Any information shall not be denied legal
effect, validity or enforceability because the
information is not contained in the electronic
message that gives rise to such legal effect, but
is merely referred to in that electronic
message, if the information being referred to is
accessible to the person against whom the
referred information might be used.
4.2 European Union (EU)

Malaysia
has
also
introduced
Consumer Protection (Electronic Trade
Transactions) Regulations 2012, to be
enforced in 2013. These Regulations impose
certain obligations on online traders and online
marketplace operators, with the objective to
increase the consumers confidence to shop
and trade online, which will further spur the
growth of e-commerce in the country.

On October 24, 1995, the EU Council of

Ministers passed the EU Data Protection
Directive, which would be authoritatively
executed 3 years after the fact. On September
12, 1996, the EU Council embraced the
Electronic Communication Data Protection
Directive, a supplement to Data Protection
Directive. In October 1998, the EU authorized
the Personal Data Protection Act, which was
additionally modified from the Directive of
1995. In mid-1999, the European Commission
issued the General Principles on Personal Data
Privacy Protection on the Internet, and
afterward declared the Advices on blind and
programmed individual information preparing
conveyed by programming and equipment in
Internet. In the meantime, the EU Ministerial
Conference set forward the Guideline on the
Individual
Right
Protection managing
individual information accumulation and
handling on data superhighway.

There are also some limited consumer

provisions incorporated into part 8 of the
Communications and Multimedia Act 1998.
Part 8 deals with the relationship between
consumers and licensees under the Act, and
applies regardless of whether the transaction is
electronic or not. Subsection 188(1) provides
that all licensed service providers must deal
reasonably with consumers and adequately

Considering distinctive levels of the

assurance of individual information in the part
expresses, the EU instituted the Directive with
a specific end goal to bind together these
levels. One of significant components of the
Directive is that the extent of assurance is
extended to manual information. There are two
essential reasons for the Directive: the first is
to secure the central rights and flexibilities of a

characteristic individual, particularly their

rights to protection; the second is to guarantee
that data is flown unreservedly in the part
states as indicated by the general standards of
free stream of products and enterprises.
The Directive of the EU gives
exclusive
expectations
of
information
assurance and endeavours to dispense with
information transmission hindrances in 15 part
states. In the in the interim, to transmit
information between the part states and a
nation outside the EU, the Directive stipulates
that
the
nation
must
receive
an
indistinguishable insurance principles from the
EU nations. The EU part states are not
permitted to exchange their own information
to any non-part state, until it guarantees
sufficient insurance on information. The
measure taken by the EU is utilized to secure
individual information and keep a few
information from annihilating inadvertently.
Besides, coincidental information misfortune,
information change, unapproved information
get to or presentation, and in addition different
types of illicit operation, are ensured by the
measure.
The EU declared that it restricted
America Online, Bell, Atlantic, and other
American ventures from sending shopper
individual information over the Atlantic in
1998 as indicated by the EU Directive. This
prompted to a civil argument on the issue of
information protection between the United
States and the EU. In the United States,
information exchanges are made by the
transporters themselves, while in Europe, the
bearer who damages the information insurance
act will be fined.
The EU and the United States
achieved a concurrence on individual "safe
harbours", which is utilized to manage the
extent of information exchange between them.
The understanding likewise tells American
organizations the routes in which they ought to
give a satisfactory insurance to individual
information inside the points of confinement
of the Directive. Be that as it may, just a little
number of American organizations marked and
guaranteed to conform to the agreement.
The
order
confines
American
organizations from gathering, sorting out,
putting away, receiving, juggling, counselling

or unveiling individual information gathered in

Europe; that is, it limits any practices of
"information handling". Air conditioning
cording to the mandate, information
controllers have two commitments. One
commitment is to guarantee the nature of
information. As per the Article 6 of the
Directive, information controllers must
guarantee that individual information is
handled under reasonable and sensible
conditions. The mandate gives a few standards
of observing information quality, which are
utilized to control the method for getting data
and the accessible information sort.
The standards require that information
controllers do as tails: they have a true blue
reason for information accumulation and
translate the reason; they gather just the
information significant to the reason; they hold
the information important to accomplish the
reason; guarantee the new and precise
information; supply proper efforts to establish
safety to ensure the information; permit people
to visit their own information and right the
wrong information; tell information authorities
the circumstance of individual information, the
motivation behind gathering information and
the circumstance of an outsider who will
acknowledge the information later on; clarify
that an individual should or may supply the
information.
4.3 United States (US)
The United States is one of the nations where
Internet innovation is generally created. In the
United States, the interest toward security
assurance and the measures embraced have
kept at the foreword positions of the world.
The House and the Senate instituted the
Privacy Act in 1974, which is the basic law on
security insurance in the nation. The Act gives
that the national government offices can gather
and utilize individual information, and
stipulates that administration offices can't
utilize any private data without the assent of
the gatherings. In 1986 the Congress passed
the Electronic Communications Privacy Act,
which is the most vital act bargaining with
web based business shopper protection issues.
In the United States, the insurance of
online business shoppers' entitlement to
security has been looked for through the
method for self-direction by the internet

business industry. Self-regulative measures fall

into four gatherings. The first is valuable
industry rule. For instance, the Online Privacy
Alliance (OPA) in June 1986 reported its
online security rule, which asserted the
individuals to consent to embrace and
actualize its protection strategy, however it
doesn't screen the execution of individuals.
The second gathering is online business
security confirmation program, which implies
that private endeavours confer them to
understand the web based business protection
insurance.
The third gathering is innovation
assurance strategy, which concentrates
ensuring the privilege to security by shoppers
themselves. By utilizing programming
innovation to ensure the privilege to security,
customers can be alarmed consequently before
going into the site what data will be gathered.
The decision to continue or not is then up to
the buyers. Also, buyers can choose ahead of
time what information will be gathered, and
they can pick permissible information ahead of
time, other information is outside of the
selection won't be gathered. The last gathering
is protected harbour technique, as another
strategy which joins self-control with
administrative guidelines. The alleged safe
harbour alludes to the web based business
security insurance rule promulgated by online
administration suppliers.
The
United
States
advocates
principally exploit industry self-control to
secure internet business shopper ideal to
protection. Be that as it may, its first need is
the legitimate protection of minors' entitlement
to online security. The United States passed
the Child Online Privacy Protection Act on
October 21, 1998 and it was happened on
April 21, 2000. This is the main viable system
security act in the United States, and the
primary genuine system enactment in which
the rights and interests of customers are first
considered. The demonstration fixates on
ensuring kids' security rights, which
unmistakably gives supplier commitments and
punishments when the buyer is 13 years of age
or more youthful.
In the late years, the United States is
under the weight from stringent standards of
the EU, in the meantime the impact of
household industry self-control is imperfect, so

the voice of calling for enacting on ecommerce purchaser security insurance has
emerged. The United States government still
affirms that the issue ought to be taken care of
by Internet organizations.
The United States has not instituted far
reaching and systemic government enactment
to secure web based business buyer ideal to
protection, be-reason for the thought of special
advancement of internet business. It fears
frustrating the improvement of Internet
because of rushed enactment. What's more, the
United States is a nation of case law and case
law additionally assumes an important part in
ensuring the privilege to security of online
business customers
5. Comparison on the Protection Right to
Privacy
At present, there is no nation with an
exhaustive authoritative assurance of online
business buyer security, however numerous
nations are more worried with this issue than
some time recently. A few nations with created
organize innovation have given various laws to
handle the issue. From an administrative point
of view, there are two methodologies. One is
total enactment, which is embraced by EU and
the United States. This approach alludes to
laws are controlled by open offices and private
ventures. The other is divisive enactment,
which takes open and private establishments as
various control subjects.
From a defensive stance, there are
likewise two sorts of methodologies. One is
administrative approach, received in EU. The
legislature orders laws and directions. The
other is industry self-control approach
generally embraced in the United States.
Malaysia has made, and is making,
endeavours to present different laws and rules
particularly identified with digital issues, on
the web and online business exchanges. It is
likewise a member in APEC's endeavours to
attract up understandings to set up baselines
for internet business exchanges globally. In
any case, there are still a few issues to be
settled. The clear majority of these rules centre
on the most proficient method to empower,
encourage, and advance e-business and web
based business to loan to the genuinely
necessary financial development of the nation.
Little thought is given to guarantee steps are

taken to secure the general purchaser in their

web based business buys. Likewise, there is by
all accounts an absence of contribution from
purchaser bunches into guaranteeing that
buyer interests are made a need in every one of
these understandings.
Among the previously mentioned
security insurance measures, the most
illustrative is the Data Protection Directive of
the EU, which not just gives the standard to
internet business shopper appropriate to
protection assurance, additionally lays out
criteria to be tolerates. The United States
receives the approach of industry self-direction
to secure the privilege to protection of online
business customers. In any case, the selfdirection approach has realized numerous
issues.
Along these lines, the voice of calling
for enactment on the insurance of internet
business buyer ideal to protection is higher
than before. Malaysia fall behind the United
States and the EU in the online business
enactment. They have just particular controls
on ensuring internet business buyer
appropriate to protection, yet without a
reasonable guideline for direction, by what
means can take care of the considerable
number of issues simply depend on these
directions? On the bases of the above, the EU
gave the absolute best directions on ensuring
web based business customer appropriate to
security.
6. Discussion
6.1 Existing Problems in Malaysia
The Malaysian consumers lack of confidence
and trust in e-commerce transactions is further
accentuated by the fact that the Consumer
Protection Act specifically excludes protection
in electronic transactions. With the rapid
expansion of E-Commerce and the lack of
regulatory mechanism to govern online
transactions, there is a need to study what
problems exist and what remedies can be
introduced to address these problems
effectively.
Consumers who participate in
electronic commerce should be afforded the
same legal protection as traditional consumers.
In Malaysia, existing legislations that govern
Internet-related activities, including the Digital

Signature Act 1997 and the Communications

and Multimedia Act 1998, were enacted
specifically to deal with issues and problems
related to such activities, but more to lend to
the growth of the e-industry.
In addition, related regulations may
also be applied to govern e-commerce even
though they were not enacted specifically for
Internet users. The Contracts Act 1950, for
example, regulates the formation of contract.
The Sale of Goods Act 1957 deals with rights
of
seller
and
buyer
and
provides protection for both. These
laws
are also relevant to
online buyers and
sellers, in that these laws may be adapted to
suit on-line transactions.
The Penal Code also continues to
apply. Generally, the existing laws and
practices that apply to existing forms of
commerce in Malaysia are being stretched to
cover Internet activities, including ecommerce transactions. This is not adequate
and becomes even more problematic when
enforceability of the laws by the respective
ministries under which the laws were enacted
sometimes remains unclear.
6.2 Keys Reform in Malaysia
E-commerce has evolved over the years from
electronic funds transfers (EFT), comprising of
online shopping and Internet banking, to
electronic data interchange (EDI), comprising
companies' transfer of documents such as
purchase orders or invoices. Recent studies
foresee a massive growth of e-commerce in
the Asian region especially in Malaysia,
Singapore, Hong Kong, Korea and Australia;
possibly challenging Europe and United
States. E-commerce has its numerous
advantages. For instance, it overcomes
geographical limitations to allow market
expansion;
decreases
administrative,
marketing and logistics costs; increases
efficiency and provides a competitive
environment to improve quality of service.
However, there are some concerns that
need to be addressed, particularly, privacy
issues, legal issues such as copyright
infringement, protection of patent rights,
domain name disputes and preservation of
trade secrets as well as issues pertaining to the
validity and enforcement of agreements made
online.

Governments and regulatory bodies

throughout Asia have recognized the prospects
of e-commerce and policies have been
designed to amend the existing laws to deal
with the emerging legal issues post by ecommerce transactions. To attract new online
business opportunities and increase the
competency of e-commerce in the Asian
region, it is important for international
businessmen and their legal advisors to be
familiar with the e-commerce laws, policies
and regulations throughout Asia. To date, some
of the legislations that have been conceded in
Asia
include:
Australia"s
Electronic
Transactions Act 1999; Broadcasting Services
Amendment (On-Line Services) Act 1999;
Privacy (Private Sector) Bill and the Copyright
Amendment (Digital Agenda) Bill 1999; South
Korea's Electronic Transaction Basic Act;
Singapore's Electronic Transaction Act 1998;
Hong Kong Electronic Transactions Ordinance
2000; Japan's Draft Bill Concerning Electronic
Signatures and Certification Authorities and
the Law Partially Amending the Trade Mark
Law; the Philippines' Electronic Commerce
Act; and India's Information Technology Act
2000.
Malaysia was one of the pioneers
amongst Asian countries to establish a new
federal ministry, Ministry of Energy,
Communications and Multimedia. The main
function of this Ministry is to spearhead and
promote the growth of information and
communication technology (ICT) with the
support of several agencies, including the
Malaysian Institute of Microelectronic
Systems (MIMOS) established in 1984,
Multimedia Development Corporation (MDC)
established in 1996, and Malaysian
Communications and Multimedia Commission
(or MCMC) established in 1998.
These agencies contribute to ecommerce by developing their own agenda.
For instance, the Multimedia Development
Corporation has been working on a National
Electronic Commerce Master plan designed to
facilitate the growth of e-commerce in
Malaysia. The four key elements in this Master
plan are to boost confidence in on-line trading,
prepare a regulatory framework, build a
critical mass of Internet users and introduce an
electronic payment system.

Amongst the legislations that have

been passed in Malaysia are Malaysian
Communications and Multimedia Commission
Act 1998; Communications and Multimedia
Act 1998; Digital Signature Act 1997;
Computer Crimes Act 1997; and Telemedicine
Act 1997. These legislations have been
amended over the years in attempts to better
address emerging e-commerce issues. In lieu
with the importance of e-commerce, the
Malaysian Government has allocated RM 12.9
billion for the Ninth Malaysia Plan (20062010).
On a broader perspective, Malaysia is
participating in Asia Pacific Economic
Cooperation's (APEC) to contribute in the
efforts of introducing e-commerce laws,
policies and regulations to facilitate ecommerce transactions internationally. The
future of e-commerce in Malaysia and the Asia
region is bright. Governments and regulatory
bodies are collaborating on a wider platform to
ensure e-commerce law, policy and regulations
are enforced to provide a guideline for traders
to systematically utilize e-commerce and in
tandem ensure protection for e-commerce
users.
Hence, it is vital that there is an
incorporation of a more grounded customer
voice in the arrangement of these controls,
especially since the normal Malaysian
purchaser tends to be detached what's more,
dependent on the administration to recognize
and resolve every one of their worries. Also,
the administration itself needs to reevaluate
existing directions to guarantee insurance for
the online business shopper.
It critically needs to change the
Consumer Protection Act with the goal that it
includes assurance for the online business
customer. The issue of such a revision ought
not stay in long open deliberation since the
shortcoming of the Act in particularly barring
scope of the web based business buyer was
perceived from nearly the start of its
establishment
7. Conclusion
Global activities looking to assemble
worldwide accord on centre security for the
electronic shoppers, like those by Europe, the
United States, and APEC offer an insight on
how electronic business might have an end

goal which is to give suitable assurance and

lawful sureness to people and organizations
comprehensively.
Be that as it may, there is still a
crevice in the assertions to determine how
nations can particularly address question
resolutions and alternate worries of both the
nearby and the universal e-shopper. The
eventual fate of internet business is by all
accounts splendid. In any case, it can just
remain so if there is buyer trust and trust in it.
Hence, there is a requirement for online
merchants to be responsible and capable to the
buyer. Governments and organizations need to
cooperate on a global stage to guarantee norms
are set, which will help the electronic
merchants to meet their obligations more
deliberately.
Both the business and government
have a part to play in worldwide customer
assurance in the online commercial centre,
which can be worldwide and borderless. The
administration needs to give a benchmark for
worldwide shopper insurance to guarantee
viability of industry self-control and in this
way, fortify customer certainty. Industry's
mastery and learning of trade, and its capacity
to take that data and make an interpretation of
it into methods for working in the
computerized world at the same pace as the
fundamental innovation develops will permit it
to actualize the vital sets of accepted rules.
At last, more standard and escalated
inquire about should be done to distinguish the
shortcomings that exist in individual countries
in customer assurance issues in electronic
business exchanges so that they can be
amended simultaneously as the computerized
business propels quickly.
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