Consumer Rights: The case of South Africa and Malaysia (original) (raw)
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Purpose The purpose of this study was to investigate the difference between South Africa (SA) and the United Kingdom (UK) in terms of data protection compliance with the aim to establish if a country that has had data protection in place for a longer period of time has a higher level of compliance with data protection requirements in comparison with a country that is preparing for compliance. Design/methodology/approach An insurance industry multi-case study within the online insurance services environment was conducted. Personal information of four newly created consumer profiles was deposited to 10 random insurance organisation websites in each country to evaluate a number of data privacy requirements of the Data Protection Act and Protection of Personal Information Act. Findings The results demonstrate that not all the insurance organisations honored the selected opt-out preference for receiving direct marketing material. This was evident in direct marketing material that was sen...
Compliance of South African E-commerce Websites with Legislation to Protect Consumer Rights
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The objective of this research is to establish if web sites of South African e-commerce companies comply with the provisions of the ECT Act, specifically in terms of the protection of consumer rights. The results of the data analysis provide strong evidence that companies do not comply with the ECT Act. Privacy and security remain the major factors that impede e-commerce adoption in South Africa. However, another significant finding of the study is that fewer factors inhibit the adoption of e-commerce than previously assumed. When the findings of this survey are compared with previous studies, the number of companies which provided sufficient privacy and security policies increased by 20% in the last year.
Legal Protection of E-Consumers in Malaysia
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E-commerce has experienced tremendous growth in recent years. The popularity of online shopping continues to grow. Many e-commerce applications are being launched rapidly in Malaysia, posing a legal protection issue for e-customers. This study aims to analyze the law in Malaysia protecting e-consumers, determine whether they are adequate, and investigate whether they are aware of their legal rights. A large number of online retailers have transformed the way we do business. Among the subjects of the study were the laws available to protect consumers, the effectiveness of those laws, as well as the awareness of e-consumers of their rights. These data were collected using quantitative sampling techniques, data collection processes, and data analysis techniques. Survey data was collected by posting a 100-sample Google form survey across various platforms to reach the target groups. Initially, the results of the survey suggested that Malaysian laws do not adequately protect e-consumers....
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Purpose of the study: The benefits of the internet during a pandemic bring opportunities for cybercrimes, such as online data theft and leakage of consumers’ personal data. For this reason, the objectives of this study are 1) to determine the phenomenon of misuse of consumer’s personal data amidst COVID-after19 in Indonesia and 2) to describe strategies in preparing consumer personal data protection as the key to the success of the new normal in Indonesia. Methodology: This study used non-doctrinal research. To describe the phenomenon of misuse of consumers’ personal data amidst COVID-19 in Indonesia, the data were collected by distributing questionnaires to internet users in Indonesia and applying qualitative methods employing survey data collection techniques with stratified multi-stage random sampling technique. Results: It was found that the consumers’ personal data in Indonesia is still unprotected, so the conception adopted by the European Union and the OECD can be used as a r...
Information privacy concerns of different South African socio-demographic groups
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Consumer privacy is becoming an issue of increasing managerial importance as consumers become concerned about marketers' intrusions on their privacy and insist on the protection of the confidentiality of their personal information. This study identified the different sociodemographic variables via a national telephonic survey of a sample of 800 South African consumers and determined their level of concern towards privacy protection, misuse of information, solicitation and government protection in privacy information matters. In the privacy protection dimension, it was found that older consumers were more concerned than younger consumers; English-and Afrikaans-speaking consumers were more concerned than consumers from other language groups; middle and high income groups were more concerned than lower income consumers; and females were more concerned than males. In the information misuse dimension, it was found that older consumers, English-speaking consumers and high income groups were more concerned; middle and high level education groups were more concerned, as were employed consumers. In the solicitation dimension, it was found that older consumers, English-speaking consumers and high income groups displayed higher levels of concern. Low and middle level education groups were less concerned. In the government protection dimension, the only group that showed higher levels of concern was females in comparison with males. Organisations should not be reactive in their management of privacy issues and wait for an external threat before they implement cohesive policies. Organisations that put off complying with regulations are likely to have more regulatory mechanisms imposed on them, and such delays may not be conducive to a trusting relationship with consumers.
Legal Protection of E-Commerce Consumers Through Privacy Data Security
Proceedings of the 1st International Conference on Law and Human Rights 2020 (ICLHR 2020), 2021
The development of e-commerce has increased significantly, along with the increasing number of internet and social media users in Indonesia. The rapid growth of e-commerce has gradually changed the way consumers purchase goods and services. The most dominant use of the internet is to offer a variety of products. On the one hand, the growth of electronic transactions has had a positive impact, as it provides convenience, comfort, efficiency, flexibility, and low costs for businesses and consumers. On the other hand, electronic transactions also increase the risks and uncertainties that harm consumers. This article aims to examine what risks arise and whether consumer protection laws are sufficient to address the issue. This study uses the normative juridical method to find the norms and principles of law that apply today. The legal materials that are the object of study are laws and regulations in the field of consumer protection, e-commerce, and electronic transactions. In e-commerce transactions, consumers face a higher risk than business actors (merchants), because consumer rights are in a weak and vulnerable position. The third party's data can be stolen when businesses and consumers communicate. The research findings showed that the current consumer protection law is not sufficient to protect e-commerce consumers, so it needs to be improved to accommodate changes and current business dynamics. Personal data protection needs to be promoted as an instrument to protect the interests of e-commerce consumers.
A Global Perspective of Privacy Protection Practices
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The global economy of today, boosted by propagation of e-commerce, has elevated the privacy and security issues to a worldwide platform. E-commerce growth is strongest in the US and the European Union. Recently India and China have also become significant players in the global commercial setting. This research is exploratory in nature and attempts to examine privacy protection practices in the United States, Europe, India and China. The results indicate that information privacy protection practices are prevalent in the USA. On the other side of the spectrum is China with a completely different view of personal privacy reflecting the nations' treatment of information privacy.
Journal of Malaysian and Comparative Law , 2022
The world goes through diverse privacy dilemmas, particularly after the discovery of Information Communication Technologies (ICTs) in the 1960s. It can be argued that such a scenario shall continue in the coming days, as the vast majority of our works are done online using personal data. Perceivably, over the years, our online activities are expanded being facilitated by the pace, efficiency, accuracy, borderless connectivity, and commercial engagement of the ICTs. Eventually, we are always being captured, monitored, and identified by numerous public-private actors, and all these lead privacy to tremendous threats. There are no one-size-fits-all privacy problems due to the inefficiency of the regulatory measures, and the pace of the ICTs. These realities lead researchers across the globe to revisit the notion of 'privacy and data protection' to strike a balance between privacy invasion and enforcement, and Malaysia is not an exception. Nonetheless, there is no in-depth analysis of the adequacy of the current data protection regime of Malaysia. This article aims to fill that gap by revisiting the concepts of 'privacy' and 'data protection' and analyzing extensive literature in the field, keeping the Malaysian data protection regime in a special focus. The findings of this study reveal that in some respects, the data protection regime of Malaysia falls short of the global data protection standard. This study suggests that to strengthen the data protection regime of Malaysia, the policymakers may consider amending the Personal Data Protection Act 2010 (PDPA) in line with the international data protection standard, and especially, the General Data Protection Regulation (GDPR).
OUSL Journal, 2018
The development of Internet and e-commerce has tremendously changed the habits and behaviors of consumers. This fast and efficient medium of transaction has been able to overcome many obstacles inherent to offline transactions and as a result, e-commerce and e-transactions have become more popular among consumers who are struggling with hectic lifestyles. However, it is evident that online consumers are exposed to many inevitable challenges on the Internet, more than the offline consumers specifically with regard to violation of their consumer rights. Every consumer is entitled to several rights whether he/she is dealing online or offline, including the right to information, right to redress, right to privacy, etc.