LEGAL VIEWPOINT: Legal platform for E-transaction by Dr AbdelGadir Warsama Ghalib, Principal Legal Counsel, Bahrain

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Dr AbdelGadir Warsama Ghalib, Principal Legal Counsel, Bahrain

E-transactions including e-banking, e-Gov. and e-commerce are growing worldwide. We could easily notice, it is happening and spreading everywhere every day. Banks and other business institutions, in many countries, are benefiting from this new atmosphere and are offering diversified e-transactions. The E-Gov. Projects likewise, as we see, are rapidly taking shape and started to pursue the performance of many essential government transactions that are needed as necessary and immediate services for any person in this e-era.

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That e-banking, e-transactions and e-government services depend to a large extent on the output of electronic software and other media that requires proper utilization and implementation of the internet and its related technological fields that has erupted as consequence to the new IT aggressive revolution.

The establishment and implementation of e- government projects in many countries, will no doubt, give a great boost to all services particularly it will enhance to a great extent, the commercial and other investment activities among these countries. However, the potential of such electronic services requires certain infrastructure that should be put in place in order to give the necessary impetus to such important projects and necessary services.

One of the main infrastructures needed, for the new technologies that came as a result of the IT revolution, is the legal platform and the legal framework that should be cemented carefully. This sensitive task should be shouldered with due diligence and professionalism, considering the experience of other advanced jurisdictions in this respect. The internet and related software activities, as we know, is a sort of computer program primarily aimed at linking certain points electronically. Within this context, it is important to highlight some legal problems or issues that could affect the internet banking process unless certain new legislations are carefully put in order and are properly maintained with the intention of developing such new advanced processes.

The e-transactions and or the e-government projects will no doubt enhance the expansion of e-commerce with other business entities in all parts of the world. However, we must admit that internet banking and e-commerce transactions are still facing some legal, commercial and logistical problems. Among other things, we mention that, payments systems worldwide are still facing some practical difficulties. Additional cost for freight, customs duties, insurance charges and postage. Some companies may be out of competition because they don’t have a developed Website, or even if they have, are unable to display their products in an attractive marketing or informative way.

Many commercial entities or individuals are still facing computer literacy. Some e-commerce business is processed through some mediators and the mediation process requires legalization of the relationship between the concerned parties. Some of the main software companies, in the world, are facing certain legal litigation among themselves or with their governments. Such litigation or acute legal problems may affect the future of such programs or delay their start.

Above points explain that e-banking, e-transactions or e-commerce are not without their share of obstacles. No need for getting panic, as this could happen to all other sectors and in all trades. However, some of mentioned obstacles raise an urgent call for clear positive legal steps to be taken, to prepare a healthy legal environment for all types of e-transactions, e-banking and e-government projects for the complete endless benefits of all communities.