The Comparison of Online Business Trader Liability between Thai Law and Foreign Law

Abstract

The purposes of this research were (1) to study the concepts, theories, definitions, and the source of the law that relate with the online business trader liability.; (2) to study the legal principles of the online business trader liability between Thai law and foreign law.; (3) to analyze the legal problems with the online business trader liability by the comparison of between Thai law and foreign law.; and (4) to summarize conclusions and recommendations in order to amend the provision that regarding the online business as use to examine the verification in Thailand. The study suggested that in each country such as, United States of America, Japan and the Republic of Singapore, all of these countries effort to make laws so that to develop with rapidly evolving of internet technology. These countries have many legal measures that relate with electronic commerce for example, the effectiveness electronic commerce operation, the privacy protection about personal information, the consumer protection and legal measures for safety prevention of crime or fraud. Besides, this research project proposes that in Thailand still has several laws aim to protect consumers under traditional commercial contracts. In according to the problems arise from the online trading, this would be apply by analogy law or general law that depending on the case that occurs with consumers online. The researcher has legal recommendations that aimed to protect the consumers who have transacted in electronics commerce with the online business. These requirements are the online operator's website should be show on the e-commerce operator license certified credibility, allocating the standard contract format so that to enforce with the business online partners and establishing the organization which dedicate to examine the online advertising for the selling products and services. Besides, to organize tax system toward the tax rules and tax rates into the Revenue Code for the online business so that to eliminate various problems. In order to protect the rights of the consumers which facilitates justice to the people according to the spirit of the law.