Legal Risk Management in Electronic Commerce

Legal Risk Management in Cross-Border Electronic Commerce deals with possibilities and limitations in cross-border law enforcement of unfair competition law. It also deals with how businesses can manage the risk of being subject to foreign law when pursuing commercial activities on the Internet (Legal Risk Management). The applied methodology adopts a business perspective and assumes a standardised business ('the Business') which carries out electronic commerce from an establishment in an EU member state.

Cross-border law enforcement is examined with focus on enforcement carried out by both public and private entities (public law enforcement and private law enforcement, respectively). The examination includes both enforcement through the judiciary (traditional law enforcement) and enforcement by other means (alternative law enforcement). Possibilities of risk mitigation are examined with focus on the geographical delimitation of Internet activities and on agreements concerning choice of forum (jurisdiction) and applicable law.