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The Legal Environment Of Romanian Ecommerce: A Critical Analysis And Recommendations For Improvement

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  • STEPHEN E. BLYTHE

Abstract

Romania has been experiencing rapid growth in internet accessibility and E-commerce. The nation has enacted three E-commerce statutes: the Electronic Signature Law (“ESL”) is third-generation with no exclusions from coverage, and contains an extensive list of penalties for Certification Service Providers (“CSP”) who violate the ESL or other laws; the E-Commerce Law (“ECL”) is distinguished by the fact that consent of all parties is not required to have a valid E-contract, its provisions pertinent to out-of-court settlement as well as court action, and a range of civil and criminal penalties provided for unlawful Ecommerce sellers; and the Cyber-Crime Law establishes a list of computer crimes relating to crime prevention, data confidentiality, computer tampering and online child pornography. Those statutes provide a satisfactory legal foundation for Romanian E-commerce, but they need to be calibrated and supplemented. Recommended changes and additions to Romanian E-commerce law include: enactment of a comprehensive Electronic Transactions Law which will incorporate all laws pertinent to E-commerce, including E-contract rules; recognition of the validity of the electronic form in compliance with several additional requirements of other statutes, including notarization; addition of rules for electronic automated contracts and electronic carriage contracts; more consumer protections for Ebuyers; establishment of Information Technology. Courts for resolution of E-commerce disputes; creation of long-arm jurisdiction over foreign E-commerce parties; designation of the Romanian Post Office as an accredited CSP; adoption of a National ID Card containing a digital signature which can be activated by an accredited CSP, including the Post Office; and enactment of a new computer crime, Intentional Injection of a Virus into a Computer System, with onerous penalties for offenders.

Suggested Citation

  • Stephen E. Blythe, 2011. "The Legal Environment Of Romanian Ecommerce: A Critical Analysis And Recommendations For Improvement," Journal of Academic Research in Economics, Spiru Haret University, Faculty of Accounting and Financial Management Constanta, vol. 3(3 (Novemb), pages 393-404.
  • Handle: RePEc:shc:jaresh:v:3:y:2011:i:3:p:393-404
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    1. Hansen, Lars Peter, 1982. "Large Sample Properties of Generalized Method of Moments Estimators," Econometrica, Econometric Society, vol. 50(4), pages 1029-1054, July.
    2. Arellano, Manuel & Bover, Olympia, 1995. "Another look at the instrumental variable estimation of error-components models," Journal of Econometrics, Elsevier, pages 29-51.
    3. Amuedo-Dorantes, Catalina & Pozo, Susan & Vargas-Silva, Carlos, 2007. "Remittances and the Macroeconomy: The Case of Small Island Developing States," WIDER Working Paper Series 022, World Institute for Development Economic Research (UNU-WIDER).
    4. Poonam Gupta, 2005. "Macroeconomic Determinants of Remittances; Evidence from India," IMF Working Papers 05/224, International Monetary Fund.
    5. Adams, Richard Jr. & Page, John, 2005. "Do international migration and remittances reduce poverty in developing countries?," World Development, Elsevier, vol. 33(10), pages 1645-1669, October.
    6. Osman Tuncay Aydas & Kivilcim Metin-Ozcan & Bilin Neyapti, 2005. "Determinants of Workers' Remittances : The Case of Turkey," Emerging Markets Finance and Trade, Taylor & Francis Journals, vol. 41(3), pages 53-69, May.
    7. Freund, Caroline & Spatafora, Nikola, 2005. "Remittances : transaction costs, determinants, and informal flows," Policy Research Working Paper Series 3704, The World Bank.
    8. Poirine, Bernard, 1997. "A theory of remittances as an implicit family loan arrangement," World Development, Elsevier, vol. 25(4), pages 589-611, January.
    9. Parsons, Christopher R. & Skeldon, Ronald & Walmsley, Terrie L. & Winters, L. Alan, 2007. "Quantifying international migration : a database of bilateral migrant stocks," Policy Research Working Paper Series 4165, The World Bank.
    10. Richard Blundell & Stephen Bond, 1995. "Initial conditions and moment restrictions in dynamic panel data models," IFS Working Papers W95/17, Institute for Fiscal Studies.
    11. Sule Akkoyunlu & Konstantin A. Kholodilin, 2006. "What Affects the Remittances of Turkish Workers: Turkish or German Output?," Discussion Papers of DIW Berlin 622, DIW Berlin, German Institute for Economic Research.
    12. Samuel Munzele Maimbo & Dilip Ratha, 2005. "Remittances: Development Impact and Future Prospects," World Bank Publications, The World Bank, number 7339.
    13. Rapoport, Hillel & Docquier, Frederic, 2006. "The Economics of Migrants' Remittances," Handbook on the Economics of Giving, Reciprocity and Altruism, Elsevier.
    14. Blundell, Richard & Bond, Stephen, 1998. "Initial conditions and moment restrictions in dynamic panel data models," Journal of Econometrics, Elsevier, pages 115-143.
    15. Schrooten, Mechthild, 2005. "Bringing home the money: what determines worker's remittances to transition countries?," Discussion Paper Series a466, Institute of Economic Research, Hitotsubashi University.
    16. Matthew Higgins & Alketa Hysenbegasi & Susan Pozo, 2004. "Exchange-rate uncertainty and workers' remittances," Applied Financial Economics, Taylor & Francis Journals, pages 403-411.
    17. Carlos Vargas-Silva & Peng Huang, 2006. "Macroeconomic determinantsof workers' remittances: Hostversus home country's economic conditions," The Journal of International Trade & Economic Development, Taylor & Francis Journals, pages 81-99.
    18. di Giovanni, Julian & Levchenko, Andrei A. & Rancière, Romain, 2011. "Power laws in firm size and openness to trade: Measurement and implications," Journal of International Economics, Elsevier, vol. 85(1), pages 42-52, September.
    19. Becker Bo & Sivadasan Jagadeesh, 2010. "The Effect of Financial Development on the Investment-Cash Flow Relationship: Cross-Country Evidence from Europe," The B.E. Journal of Economic Analysis & Policy, De Gruyter, pages 1-49.
    20. Lucas, Robert E B & Stark, Oded, 1985. "Motivations to Remit: Evidence from Botswana," Journal of Political Economy, University of Chicago Press, vol. 93(5), pages 901-918, October.
    21. Niimi, Yoko & Ozden, Caglar, 2006. "Migration and remittances : causes and linkages," Policy Research Working Paper Series 4087, The World Bank.
    22. Manuel Arellano & Stephen Bond, 1991. "Some Tests of Specification for Panel Data: Monte Carlo Evidence and an Application to Employment Equations," Review of Economic Studies, Oxford University Press, vol. 58(2), pages 277-297.
    23. Serdar Sayan, 2006. "Business Cycles and Workers' Remittances; How Do Migrant Workers Respond to Cyclical Movements of GDP At Home?," IMF Working Papers 06/52, International Monetary Fund.
    24. Funkhouser, Edward, 1995. "Remittances from International Migration: A Comparison of El Salvador and Nicaragua," The Review of Economics and Statistics, MIT Press, pages 137-146.
    25. HwaJung Choi, 2007. "Are Remittances Insurance? Evidence from Rainfall Shocks in the Philippines," World Bank Economic Review, World Bank Group, vol. 21(2), pages 219-248, May.
    26. Arellano, Manuel & Bover, Olympia, 1995. "Another look at the instrumental variable estimation of error-components models," Journal of Econometrics, Elsevier, pages 29-51.
    27. Zsolt Becsi & Ping Wang, 1997. "Financial development and growth," Economic Review, Federal Reserve Bank of Atlanta, pages 46-62.
    28. Adolfo Barajas & Ralph Chami & Connel Fullenkamp & Anjali Garg, 2010. "The Global Financial Crisis and Workers' Remittances to Africa: What's the Damage?," Journal of African Development, African Finance and Economic Association, pages 73-96.
    29. Brown, Richard P. C., 1997. "Estimating remittance functions for Pacific Island Migrants," World Development, Elsevier, vol. 25(4), pages 613-626, January.
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    More about this item

    Keywords

    Electronic Signature Law; Certification Service Providers; E-Commerce Law; Cyber-Crime Law;

    JEL classification:

    • K1 - Law and Economics - - Basic Areas of Law

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