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E-Commerce Law in Pakistan

E-commerce law refers to the set of regulations that govern businesses that operate electronically, as opposed to those that use traditional, physical means. This includes all online retail activities, such as purchasing goods, availing services, delivery, payment facilitation, and supply chain and services management. Some notable examples of e-commerce law include end user or internet trade agreements, and consumer to business or business to business contracts.. At Burhan & Associates, we work closely with our clients to help them protect their commercial interests online. We understand how important it is for businesses to have a strong online presence, and we are dedicated to helping our clients achieve their goals. We offer a wide range of services to help businesses design, implement, and revise their online marketing strategies. We also provide the tools and knowledge needed to protect website property rights and information. Our goal is to help businesses ward off potential litigation and make their online businesses more valuable. We counsel technology businesses on the scope and applicability of competition and consumer protection laws to technology development, distribution and use. Our goal is to help our clients develop and implement online standards that comply with domestic and international laws. We also advise businesses on consumer protection requirements for online advertising, sales and marketing, and the management and use of personal consumer data.

WHAT CONSTITUTES AN OFFENCE?

E-Commerce Law Practice in Pakistan

At Burhan & Associates, we specialize in internet law and e-commerce. Our attorneys have written many papers, given speeches, and taught several courses on the legal and commercial issues involving both areas. We are happy to represent regional ISPs, website and online content developers, hosts, distributors and other electronic commerce enterprises! We know the importance of having a reliable and secure internet connection for both business and pleasure, which is why we're proud to offer our services to those who need it most. We also advise more traditional companies on the legal and policy implications of their use of existing and new technologies

OFFENCES BY COMPANIES

Scope of E- Governance in Pakistan

At our law firm, we understand that internet and e-commerce law not only impact high-tech companies but also those who provide more traditional products and services. Because of this, we offer all clients the opportunity to take advantage of our Internet Legal Audit. Every Audit is different and catered to the client's specific business parameters. They are also designed to address many cutting-edge legal issues before they turn into significant business liabilities.

The firm’s services include:

Our team of e-commerce lawyers can help you with a broad range of legal issues related to your online business, including: Reviewing, negotiating and drafting website agreements, contracts, business policies, disclaimers and disclosures Constantly monitoring and evaluating your web-based business operations and website content against industry best practices to ensure compliance. Constantly monitoring and evaluating your web-based business operations and website content against industry best practices to ensure compliance. Counselling regarding compliance with e-commerce, privacy and data security laws, intellectual property laws, user-generated content safe harbour provisions and consumer protection directives Advising on the international expansion of your Internet-based business and affiliate programme At our law firm, we not only provide transactional assistance, but we are also available for internet and e-commerce business litigation matters. This includes domain name and cybersquatting disputes, trademark and copyright infringement, patent and trade secret disputes, breach of contract claims, antitrust and unfair competition disputes, privacy disputes, and false advertising disputes. Our attorneys have experience in data protection and security measures, database systems analysis, and strategic risk-analysis to ensure both your and your consumers' privacy and security.

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Computer law in Pakistan

  • Computer law is a set of regulations that govern the acquisition, license, development, and usage of computers and other technology. This area of law helps to protect buyers and sellers when entering into agreements to purchase or lease hardware, as well as when specifying the rights and obligations of parties involved in developing or licensing software. By providing some stability and predictability in the ever-changing world of technology, computer law allows businesses to feel more secure when using new tools and platforms. We specialize in contractual rights and obligations, development and licensing agreements, technology owned by third parties, Protection of ownership rights in high technology, purchasing, leasing and service agreements, requests for proposal or quotation and statement of work. Burhan & Associates' telecommunications group is internationally recognized and based in the firm's Lahore & Faisalabad offices. The group advises on commercial, regulatory, and infrastructure matters related to telecommunications, particularly those with an international dimension. This includes regulations, transactions, disputes, service providers, equipment suppliers, government and public telecom operators, and privatization.
  • The notice can be sent by telegram, fax, or letter, but it is preferable to send it by registered post, as this is clear evidence of service. Our telecommunications lawyers have an understanding of the commercial and technological aspects of the telecommunications industry and continually monitor market developments in Pakistan. We offer our clients legal advice that is specific to their sector in order to successfully meet the challenges of today's rapidly developing international telecommunications industry. Burhan & Associates is a law firm that provides legal advice in the telecommunications field. This includes areas such as regulation, transactions, and disputes in various sectors such as wireline and broadband, wireless, satellite, and Internet and e-commerce, as well as information technology. We're proud to have worked with service providers, electric utilities, equipment suppliers, and governmental bodies in the past and present. At our firm, we pride ourselves in being able to offer full support to our telecommunications clients. At our law firm, we are proud to have some of the best attorneys in the business who focus on different aspects of technology law. This includes intellectual property litigation, patent and technology protection, copyright and content protection, trademark and identity protection, unfair competition, and life sciences. If you need help with any legal matters concerning technology, we have the perfect team to assist you. Not only that, but our attorneys also provide the traditional legal support often needed by telecom companies, such as corporate law, litigation, employment law, tax law, antitrust law, international trade law, and property law.
  • At Burhan & Associates, our legal team is comprised of some of the leading international technology lawyers who represent information technology, electronic commerce, financial services, telecommunications, and other technology-intensive companies on cutting-edge legal issues. Our integrated team based in our Lahore & Faisalabad offices bring to bear a wealth of critical technology, regulatory, corporate, and litigation experience with tax, anti-trust, and other capabilities to ensure efficient and cost-effective representation for our clients. At our IT and IP legal team, we always make sure to stay updated with the latest developments in all areas of IT and intellectual property law. What's more, we pride ourselves on our ability to understand how technology law, IT law, commercial law, and global legal issues all fit together to provide comprehensive solutions for our clients. Our focus on strategic issues and our intimate knowledge of various industries allows us to help our clients negotiate terms that will protect them during the entire lending relationship.

FAQs

In Pakistan, e-commerce businesses are governed by several laws, including the Electronic Transactions Ordinance (ETO) 2002, which provides a legal framework for electronic transactions, and the Prevention of Electronic Crimes Act (PECA) 2016, which addresses cybercrimes. Additionally, tax regulations by the Federal Board of Revenue (FBR), consumer protection laws, and privacy regulations apply to e-commerce activities. These laws ensure that transactions conducted online are legally binding, protect consumer rights, and enforce data security measures.

Yes, e-commerce is fully legal in Pakistan and is experiencing rapid growth due to increased internet penetration and digital payments. The government has introduced regulations like the ETO 2002 and PECA 2016 to support and safeguard e-commerce businesses, making the online marketplace safer for both buyers and sellers.

In general, you don’t need a specific e-commerce license to start an online business in Pakistan. However, you must register your business with relevant authorities such as the Securities and Exchange Commission of Pakistan (SECP) if you plan to operate as a company, or with FBR for tax purposes. Additionally, certain products, like pharmaceuticals, may require additional licenses depending on the nature of the business.

E-commerce businesses in Pakistan are subject to income tax and sales tax, which vary based on the nature and size of the business. All online businesses must register with the FBR and are required to file taxes accordingly. Some e-commerce platforms also deduct withholding taxes on payments made to sellers. It is advisable to consult a tax advisor to ensure compliance with all applicable tax obligations.

Consumer rights in e-commerce are protected by the Consumer Protection Act (which varies by province) and the ETO 2002. These laws give consumers rights regarding product returns, refunds, and the resolution of disputes. Additionally, the Competition Commission of Pakistan (CCP) regulates anti-competitive practices and deceptive marketing in online commerce, ensuring fair treatment for consumers.

Currently, Pakistan doesn’t have a standalone data privacy law; however, data protection requirements are enforced under PECA 2016, which includes measures to prevent unauthorized data access. E-commerce businesses must implement data security practices to safeguard customer information and comply with any relevant guidelines provided by authorities. Businesses should also follow international best practices, as new data protection legislation is expected to be introduced.

Online payments in Pakistan must comply with the regulations set by the State Bank of Pakistan (SBP), which oversees digital payments and electronic funds transfers. The SBP has established guidelines for secure and transparent payment processes. Businesses accepting online payments need to ensure that their payment gateways meet these standards and provide secure transaction methods for consumers.

Yes, many e-commerce businesses in Pakistan operate on social media platforms like Facebook and Instagram. While no specific law restricts selling on social media, businesses are still subject to general e-commerce regulations, including tax and consumer protection laws. It’s important for social media sellers to be transparent with customers and adhere to fair trade practices.

 PECA 2016 addresses cybercrimes, including fraud, hacking, identity theft, and data breaches, which can affect e-commerce. The act provides a legal recourse for consumers and businesses affected by such crimes and establishes consequences for violations. E-commerce businesses must ensure cybersecurity measures are in place to prevent incidents that could violate PECA.

Yes, intellectual property protections under the Pakistan Intellectual Property Organization (IPO) apply to e-commerce businesses, covering copyrights, trademarks, and patents. E-commerce businesses should register their brands, logos, and other proprietary assets to protect them from misuse. This also ensures that other businesses cannot infringe on their IP, providing legal standing in cases of violation.



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Ahmed Burhan

Mr Ahmed Burhan

British Pakistani Lawyer

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