Thursday, 31 March 2011

5 reasons why you should consult lawyers in your online activities, (online business)

5 reasons why you should consult lawyers in your online activities, (online business)
Do you know that any type of business that set online require some legal process and restrictions, no matter the size or the ground of your online business, whether it was small or highly professional business. So, if you are looking to legalise your online business then you have to apply and concern about the following:
1.      The place and time of concluding a contract: where and when a contract is deemed concluded online? What is the place of online contract?... etc
2.      The necessary terms and conditions to be set in your web licenses or agreements: what type or forms of terms and conditions that you should establish? And what terms that you should secure and provide before start your online business (privacy, data protection, and so)?... etc
3.      Consumer protection: what kind of protection that you should provide and grant to your buyers (consumers)?... etc
4.      Unfair terms and conditions (unfair agreements, especially web agreements): when your terms and conditions deemed unfair and unenforceable in face of consumers? How you can avoid the unfairness terms legally?... etc
5.      Authenticate and demonstrate contracts or agreements the concluded electronically or online: how to provide an authenticate service that allow you to record your activities to be used in future as evidence in case of any dispute? What you should provide to consumers regarding such rule? ... etc
Accordingly, anyone want to set an online shop -(sell through the internet)- should or must learn about those 5 rules or process in order to provide a legit online business, or in other words to legalise his online activities whilst dealing and contracting with other users or consumers in distance, so if you do not know how to set and provide such rules or if you found it hard to do then you have to consult a legal expert (lawyer) to help you achieve these important rules or process in order to provide a legit business or you might find yourself facing some legal problems in your business
Note: I cannot answer or explain all of these rules in just one post because each one can be taken as a rich topic to be determined, managed and organised; therefore, If you have any question related to any of these rules please do not hesitate to ask and I’ll do my best to answer your questions or comments
Mohammad Al-Thunibat

Wednesday, 30 March 2011

5 facts that you should acknowledge whilst contracting online, (online business)

5 facts that you should acknowledge whilst contracting online, (online business)
As a user who browse the internet daily or frequently, or as a seller who seeks to sell his products online, there are five facts you should acknowledge in such kind of transactions, which are:
1.      Distance:  this substantial fact should create a high method of investigation by the person using the internet, whether it was a user, buyer or seller. As transactions made in distance require some special rules that affect the user, buyer or seller rights and obligations, in regard to the applicable laws
2.      Signature: it is known (well known) that any evidence require two main elements, the first element is the record, while the second is signature. Herein, you should keep and record all the e-mails that you’ve used to conclude contracts electronically, although you should save any confirmation page that contained your contract information and details, for the purpose to be used in evidence in case of any future disputes. As in e-mails a signature might be a name of the sender or the e-mail address itself in other cases, while in web contracts a signature might be a code or digital symbol provided and contained via the confirmation page that provided by the dealer site
3.      Payment: one of the major lacks nowadays is returned to the legal method of payment that online users shall apply whilst concluding an e-contract. Most of the users – online buyers or sellers- acknowledged that e-payments may deem unsafe in case of dealing with unknown person especially in online business. Therefore, the best way to avoid unsafe transactions, is by using an alternative method of payment that is not user main resource or basic account in business, in addition to other legal process that you should apply such as authentication or the use of authenticated authorities
4.      Performance: the performance in the electronic environment differ than traditional market or business. Whereas, in e-business –for example- the performance of the contract might be fully online (non-physical)  such as software or digit services, or it might be semi online for example one of the parties may perform the contract digitally while the other party may require to act physically. The importance here determine when you acknowledge the right legal method to perform your contract, by knowing your legal rights and obligations before and after the performance process
5.      Behaviours or actions: one of the important tips and advices that I always give is: “do not ever act or react digitally (technically) when you do not have that much of knowledge” (especially in the legal basics of online business or e-transactions). As in such kind of business or transactions you must secure or protect yourself by applying some common acts that is acknowledgeable to you legally and technically
In the end, please do not think that you can easily manage any online business without any legal and technical instruments, where each one of us should work, plan and learn to gain success in any type or kind of business
Mohammad Al-Thunibat

Monday, 28 March 2011

Scam advertisements and offers

Scam advertisements and offers
I noticed that there are so many advertisements and offers through the Internet claims that they will provide richness to those willing to join and register with their programs or software (service)
For the importance of such issues for many users browsing the Internet daily searching for online business, home based business or any other opportunities grant to them fast and easy money, I’m writing this post to them alerting them that you may or in some cases you are a targeted victim by such scam programs or offers
In order to highlight and provide my view simply, you should ask yourself this question why those people willing to share their money with me, especially that I’m not highly qualified to do such business -in fact such offers targeted those who are not qualified and those seeking desperately for richness- as in business it is known that you have to make more not to lose more?!!
Well, the answer is simple: you are facing two types of offers in such case. As, the first type claim to grant you richness in return of nothing!!! While the second type claim the same aim but in return of some actions (providing list of contacts which willing to pay the registration fees seeking after richness as well)!!
In this point you have to think wisely, as such business or offers seek for richness indeed but not for you instead they used you for that purpose in return of some tiny amount of money that consider nothing comparing to the real money that they made from you and others by trying their system
However, there are many other types of offers and opportunities across the Internet which are legit, but they do not grant you richness, in fact no one can grant you such thing in return of nothing or in return of some little effort you made (which is couple hours weekly as they claim)
So if you are looking for legit online business, home based job and so, my advice to you that it is better to set your own business through free hosting sites –which are existed online- and start making your wealth step by step, surly with some planning and knowledge
Wish you the best in your own business
I’m writing –nowadays- an eBook that explain the most important and necessary elements and basics that any user should acknowledge and consider before and after starting his own online business, or electronic transactions, in addition to the legal process that you should acknowledge about legit and scam offers, business or online activity; and the legal process to claim your rights in case of fraud or scam activity
Mohammad Al-Thunibat

Sunday, 27 March 2011

Legit online business!!

Legit online business!!
By Mohammad Al-Thunibat
The best 3 tips that you should consider and apply whilst dealing or purchasing with a business party or any individual party online (online business):

Number 1:
look for the information provided (personal details) by the seller or any site, this step is one of the basic elements that you have to consider whilst using the internet in your daily use or business. The most important information that you should look for are:
Name, geographic address, e-mail address, the financial details such as the cost of products and the additional costs such as VAT, tax and delivery costs
Number 2:
you should deeply evaluate the description provided by the seller or via any site in a way allow you to define and criticise any hidden, mistakable or unclear points, information or like so. To be able to do so you are not required to be highly professional (technically or legally), all what you should do is looking for the description provided by the site or the seller as a separate product, as if you feel that the description is appropriate to be bought then the product will be the same
Number 3:
you should always search for similar products in an alternative sites and compare your results to reach to a beneficial outcome which will help your evaluation accordingly, although you must consider one of the fundamental instruments that you will need in case of scam or fraud which is your evidence, in this stage you must deal with sellers or sites that allow you to contact them directly (which your records –emails- will deem as proof), and you should deal sellers or sites that allow you to gain a copy of your deal to be use in case of any future dispute

Saturday, 19 March 2011

How to analyse law Articles ( professionally )

How to analyse law Articles ( professionally )
How to use law Articles in your study or case:
By Mohammad Al-Thunibat
This Article aims to determine the easiest and practical ways to analyse law Articles for lawyers, solicitors or for law students and researchers.
In addition to the steps and tips provided previously, lawyers and law students shall consider number of keys before they start their analysis, which the analysis will base on them later. The keys are:
·         Specify your goals and aims of your analysis
·         Set a specific plan (structure) for your study or case
·         Put your points in a draft statement which contain your claim or defence
·         Start collecting the relevant law Articles to your case or study
·         Connect your points with the relevant law Articles
·         You are ready now to start your analysis
In order to be, fully, able to control your case or study during the analysis you have to start highlight and preview your main aims and goals that you have set previously. Now to the analysis:
·         First you have to specify the substantive aim of the Article (which explained previously), in order to declare your goal of the analysis by asking yourself why I want to analyse this Article or what is the reason of that?! Well if you answered this question then you are ready to maintain the legal side of your study or case.
·         After that you have to identify the real purpose that the legislature state that Article for, you can know that by clarifying the introduction and the connection that the Article contain and provide, in which such Article established for.
·         Until this stage you have obtained two major instruments to your analysis which are ( the substantive aim of the Article and why this Article stated for), which will lead you to a practical question what next?? The answer of this question is in your structure and your draft statement which you set previously, as you should start matching between what the legislature provides and your points, in order to conclude to a number of points that deem as the outcome of the analysis on law Articles
Note: it is simple when you clearly identify your goals of your analysis especially if you want to criticise law Articles to use them in your study or case, as a supportive method
Example: let us say that party A formed a contract (online contract) with party B (sale contract), and B has breached the delivery terms, so in such case how I can use the analysis of contract law in my defence or claim?
If I were A’s lawyer then I have to do the following:
1.      specify my goals: I have to make B obliged by performing his responsibility or/and asking for compensation
2.      set my structure: determine that the contract formed legally, and prove that B’s being bound by the contractual liability
3.      my points: herein, I have to write all case/ study details starting from negotiation stage ending by performing stage
4.      collect the relevant law Articles: as this contract is an online contract then I have to search in both e-commerce laws and contract laws, and specifically in terms governed delivery rules
5.      connection: now I have to match between law Articles and case/ study circumstances, by putting every action with its governed rule
6.      now I have to specify my substantive aim of analysing such law Articles, which in this case I want to prove that A’s formed a legal contract and B’s breached the term of delivery
7.      after that, I have to look for the aims or purposes that the legislature states the selector rules for, by using the substantive aim of each related Article and using the connection part that organise the whole process which in such case is: (the performance of contracts concluded online)
8.      until now I determined my goals and legislature deeds, which I will use them in my statement as my claim to maintain A’s rights and benefits, which will be my claim requests (the outcomes of my analysis and for my case)
Note: these process can be used for B defence at the same order I used in A claim

Tuesday, 15 March 2011

How to analyse law Articles easily

How to analyse law Articles (E-commerce laws)
By Mohammad Al-Thunibat
Keywords: analyse law articles, e-commerce laws analysis, e-commerce, UNCITRAL, EC Directive 2000/31, UETA, legal recognition
As a user in the online market (internet) or as a student, person or company who look after a legal method to legitimate his online business via the internet, you need to know or to understand how you can analyse law Articles related to e-commerce or online transactions to be able to legally control your business or actions online
In order to be able to analyse any law Article ( especially e-commerce law Articles ) you need to understand some legal keys and follow these steps and tips:
v  Points to acknowledge or understand while you analysing a law Article:
each law Article, (e-commerce law Articles), has three main keys which are:
1. introduction: in this section the legislature, usually, provide why or the purpose of establishing the law Article
2. main content (substantive rule or aim): this section contain the most important key or the rule that the Article cover, govern or organise
3. the out point (connection key): this section provided, in most law Articles, a couple of words aims to create a connection with the following or previous Articles or laws
Example (1): let us say that we want to analyse the following law Article (which is Article 5 of the UNCITRAL) which states:
Legal recognition of data messages ” Information shall not be denied legal effect, validity or enforceability solely on the grounds that it is in the form of a data message”. So according to our method where is the introduction, major aim and the connection. As the Article is about the legal recognition of data messages, then:
·         the introduction starts from that title and finish in “information shall not be denied”
·         the major aim in this Article covers the legal effect, validity or enforceability
·         and the connection of this Article shall read with any  other Article governs or organises data message within that law
Example (2): let use another Article from the EU legislation which regulates the same principle (legal recognition), Article 9/1 of the EC Directive 2000/31 states:
Treatment of contracts “Member States shall ensure that their legal system allows contracts to be concluded by electronic means. Member States shall in particular ensure that the legal requirements applicable to the contractual process neither create obstacles for the use of electronic contracts nor result in such contracts being deprived of legal effectiveness and validity on account of their having been made by electronic means”. According to this law Article:
·         introduction: starts from the title of the Article and finish in “Member States shall... in particular ensure”
·         the substantive aim is the legal effectiveness and validity of contracts
·         the connection: contracts that made by electronic means
Example (3): Article or Section 7/b of the UETA (U.S Law) states:
LEGAL RECOGNITION OF ELECTRONIC RECORDS, ELECTRONIC SIGNATURES, AND ELECTRONIC CONTRACTS “A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation”. According to this law Article:
·         introduction starts from the title until “A contract may not be denied”
·         substantive aim: is the legal effect or enforceability of a contract
·         the connection: the use of e-record in its formation
Note: these are three examples of three different laws
v  Now let us move to the steps (or tips) that the analyses (five easy steps and tips) should be made by:
1.      make sure that you have (at least) marked the major aim which your analysis study will base on. If the substantive aim stated under the law Article in more than two words, then the keys of your analysis shall be taken in accordance to the relevant between such words or terms, also they shall be taken separately whilst your analysis.
2.      Highlight your method, purpose and outcomes of your analysis as a hypothetical points (by setting a summary structure).
3.      Start putting your ideas and thoughts in addition to the data you have read regarding to the Article you analyse.
4.      Connect your analysis outcomes with the outcome provided or stated within the law Article, by determining the legal purpose that the legislature meant by stating that law Article.
5.      You are ready now to write your final analysis based on this method.
Note: these steps are for students, researchers or anyone else want to acknowledge such method
There will be another part in future explaining how you can professionally analyse law Article as a lawyer, also another part related to how you can set a legal comparative study between laws and regulations. Although, if you have any question or comment please leave your comment here or post your question in this page or in the free legal advice page

Sunday, 13 March 2011

The truth of E-commerce in Jordan

The truth of E-commerce in Jordan
Mohammad Al-Thunibat
Keywords: e-commerce, e-commerce law in jordan, the truth of e-commerce, ETL
Jordan is one of the  middle east countries, which consider as one of the biggest growing middle east countries in business generally and e-commerce nowadays (especially in B2B transactions).  Where according to the survey that the Arab Advisors Group (AAG) made in sep 2010, Jordanian users spent around $192 million in online transactions. Whereas, the survey covered 3% of the population, as it estimated the number of Jordanian users who practice e-commerce to be more than 181,000.

JORDAN
JO - 6,407,085 population (2010) - Country Size: 89,342 sq km
Capital city: Amman - population 1,206,266 (2010)
1,741,900 Internet users as of June/10, 27.2% penetration, per ITU.
1,061,080 Facebook users on August 31/10, 16.6% penetration rate.


On the legal side, I could not miss or overstep the real legal gap that the Electronic Transaction Law (ETL) created in face of Jordanian users. This law regulated based on the UN standard law (UNCITRAL) in 2001. However, its rules deems as general and wide to be treated as a practical domestic law that aims to cover and govern e-transactions in an appropriate legal method.
Moreover, such law really deem as a practical obstacle that effect Jordanian users practices especially consumers, as it does not contain or provide any protection for consumers whilst contracting or purchasing online or through e-means. Due the fact that such principle can increase the use of online and electronic transactions in Jordan especially in B2C transactions
Therefore, I recommended that such law should be modified to cover consumer protection in addition to other legal principles and concepts (which will be presented in future)

Friday, 11 March 2011

The effect of revolutions (Arab revolutions) on their international agreements

The legal effect of Arab revolutions on their international agreements, By Mohammad Al-Thunibat,
Our topic today is about revolutions and its effect on the international (business or political) agreements
It is clear to all of us that Arab countries nowadays live in a critical stage that purpose to re-organise its regimes, as we saw in Tunisia, Egypt and with more consideration to the situation in Libya. These revolutions (freedom) may result some legal implications especially in which the international agreements shall deem untouchable or non effectible from such actions
So, is it possible to say that international agreements may terminate in case of revolutions? and on what ground the answer is based on?
The answer is simply yes, as most of the international agreements that the selector countries established based on one sided view and decision (by the leaders or their regimes) without any considerations to their people or countries needs. Which in case of revolution such agreements are possible to be questioned and effected after the revolution is successfully finished
In what ground such answer is based on, well it is known that any agreement or contract might, legally, terminate by the death of its party or by losing its capacity. Which in case of the presence of revolutions, that the selector countries faced or faces, the regime might deem as died (such as the situation in Tunisia), or it might deem as it’s lost its capacity as the situation in Egypt and more clearly in Libya (by treating it as a legal person). Whereas, such regimes will no longer deem as legally qualified to conclude, form or perform any agreement or contract during or after revolutions
Therefore, the step that the French government made by legalise the national committee deems as a bright, educated and practical step to grant its legal and ethical benefits and principles. Although, the step that the UK, USA, Austria and other countries made by freeze the banking accounts for leaders and regimes considers as a legal step to manage the implications of such revolutions. Nevertheless, these countries should not stop in such step they should also re-create another or alternative accounts that the frozen accounts shall transferred to, especially in Egypt case and more importantly Libyan situation in order to legally finish any manifestation of the x regimes

Thursday, 10 March 2011

lesson two: The advantages and disadvantages of the internet:

The advantages:
1- Information: you can find any information about mostly anything via the net using search engines such as Google..
2- Communication: you can communicate with any person globally by using communication instruments such as e-mails
3- E-commerce: you can buy almost anything from anywhere
4- Entertainment: you can find many ways of entertainments such as video games, music and others
5- Services: you can has many services via the net such as banking, job search...etc
6- Formation of communities: you can improve and enhance your knowledge and backgrounds by using the provided communications through the internet
The disadvantages:
1- Pornography: such service might harm children minds and social ethics
2- Spamming: such disadvantage presents by unwanted or unnecessary e-mails
3- Theft of personal details/information: your personal details might be in risk by using it by 3rd party or any other person who’s not authorised to do so
4- Virus threat: this disadvantage bases on programme which might your computer hard disk

Wednesday, 9 March 2011

Lesson one: The definition of E-commerce


The legal definition of E-commerce
By Mohammad Al-Thunibat
Keywords: e-commerce, definition, legal definition
To identify e-commerce we should first look for the meaning of such word. As the definition usually give us the first step to understand our target
To define e-commerce we should define the words electronic then identify the word commerce:
(1) Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities
(2) Commerce means that kind of transactions that set by a person (natural, legal or entity) for business or civil purposes
In result, e-commerce defines as that kind of transactions that set by a natural, entity or legal person for business or civil purposes, through technological instruments, such as digital, wireless..etc