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For the growth of intelligent enterprises in the new economy, the regulatory and legal frameworks have to be structured in such a way that they are transparent and market-favourable. They must not be seen to stifle enterprise or impede innovation. Also, they must be flexible enough to be fine-tuned in the face of accumulated experiences and best practices in other markets. Indeed, Porter (2001) has stressed that the value proposition of digital marketplaces arises principally from the frameworks and standards put in place as well as the technology platforms supporting these.
The following frameworks are in place:
The act provides a legal basis for e-contracts and e-signatures. It is of interest to note that Singapore was among the first few countries in the world to formalize such mechanisms to stimulate e-commerce. Covered under the Act are the following:
Commerce code for e-commerce transactions. The Code spells out the rights and obligations of parties entering an e-commerce transaction. More specifically, the legal basis of such transactions, the reaffirmation of the validity of e-signatures, mechanisms for authentication, and the limits of repudiation are covered.
Use of e-applications and e-licenses. To position the public sector as a key link in the e-commerce ecosystem, a statutory amendment has been instituted to allow acceptance of applications and licenses which are e-filed by businesses and the public. Likewise, it grants legal status to permits and licenses issued electronically by the public sector.
Liability of service providers. With the proliferation of content in the Internet, it is neither feasible nor pragmatic for service providers who merely provide online access to screen content to be held liable for objectionable material. A statute in the Act absolves these service providers from criminal or civil proceedings.
Provision for Public Key Infrastructure. A Public Key Infrastructure is in place to promote a security foundation for the development of e-commerce. A provision has been made for the appointment of a Controller of Certification Authority for the framing of rules and regulations in respect of the licensing of certification authorities as well as for the cross-validation of foreign certification authorities.
In the online environment of the Internet, it is essential that there is a balance between the rights of copyright owners and those of the public for information access. Development of intelligent enterprises will be stifled if adequate measures are not available for safeguarding intellectual property rights. The use of the Internet by other businesses which wish to re-engineer certain aspects of their operations can also be affected.
Amendments to the existing Copyright Act have thus been made to ensure that the spirit of the Act resonates in the online environment. The amendments clarify the rights and obligations of copyright owners of intellectual property in the Internet, network providers and users.
The existing Evidence Act has been amended with a proviso that grants sanctity to electronic evidence tendered in courts.
Effective from August 1998, the Act provides for penalties scaled according to the gravity of the harm perpetrated using the computer. Also, included in the Act are penalties for interruption of servers and disclosure of access codes without authorization.
Commerce conducted online offers increased scope for tax avoidance, thus affecting the revenue collections of the tax authorities. To address this, clear rules have been formulated for the payment of two kinds of taxes in Singapore by all online businesses: income tax and Goods & Services Tax.
To resolve disputes in the Internet world in an amicable manner, the Singapore IT Dispute Resolution Advisory Committee was set up in 1997. It also monitors issues related to intelligent enterprises as well as educates service providers and other players in the e-commerce market.
As an indication of the maturing of the e-commerce platform in Singapore, Table 2 shows the timelines for important milestones.
Year | Initiative |
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August 1996 | Introduction of e-commerce Hotbed Programme |
January 1997 | Stock trading on the Internet Formation of E-commerce Policy Committee |
April 1997 | First secure VISA card payment over the Internet Internet website launched for Secure Electronic Commerce Project |
July 1997 | Netrust – Southeast Asia's first Certification Authority set up |
August 1997 | Singapore IT Dispute Resolution Advisory Committee set up |
October 1997 | Singapore Computer Emergency Response Team set up |
November 1997 | Canada and Singapore sign Information & Communication Technology Agreement S$50 million fund to boost innovation and multimedia content development in Singapore |
June 1998 | Canada and Singapore announce first cross certification of public key infrastructures Electronic Transactions Act introduced in Parliament Singapore, Canada and Pennsylvania sign education technology MOU using digital signatures Electronic Transactions Act passed in Parliament Computer Misuse (Amendment) Bill 1998 passed in Parliament |
July 1998 | E-commerce Co-ordination Committee formed |
September 1998 | Singapore acceded to the Berne Convention for the protection of literary and artistic works Singapore launces e-commerce masterplan Government Shopfront offers government products and services over the Internet |
November 1998 | S$9 million Local Enterprise Electronic Commerce Programme launched |
February 1999 | Launch of the Regulations to the Electronic Transactions Act Australia and Singapore sign Information and Communication Technology Agreement |
April 1999 | e-Citizen Centre set up |
September 1999 | Berlin and Singapore sign a MOU to cooperate closely in information and communication technology |
October 1999 | Helpdesk for businesses set up for enquires on e-commerce policies |
January 2000 | IASPs get guidelines on preventive security scanning Lifting of import control on cryptographic products |
July 2000 | First Infocomm Technology Roadmap – charting the future of technology in Singapore |
August 2000 | Singapore paves the way as a trusted e-commerce hub |
October 2000 | IDA and PSB announce S$30 million incentive scheme to spur e-business development and growth in Singapore |
Source: http://www.ec.gov.sg/singapore/timeline.html |
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