Data Brokers Pose a Security Risk to Democracy

Government of Bangladesh has identified cybersecurity as one of the most serious economic and national security challenges that the country is facing. As a step towards Government’s commitment to strengthen national cybersecurity, Bangladesh Cybersecurity Strategy 2021-2025 has been formulated to support the four pillars of Digital Bangladesh initiative, which are Digital Government, Human Resource Development, IT Industry Promotions and Connectivity & Infrastructure.

Digital Security Agency, gave a detailed presentation on the strategy. The strategy paper has singled out 28 activities through 10 cybersecurity strategies to combat cybersecurity threats. The Digital Security Agency (DSA) under the Department of Information and Communication Technology will play a key role in implementing the activities and various ministries, departments and governmental and non-governmental organizations will be involved in the activities as collaborating agencies.

A meeting was held on 26 January 2022 under the chairmanship of Mr. NM Zeaul Alam PAA, Senior Secretary, Information and Communication Technology Division, to determine the involvement and activities of various government organizations for the implementation of cybersecurity strategy. The meeting was attended by related officers from different government organizations.

The chair of the meeting Mr. NM Zeaul Alam PAA, Senior Secretary, Department of Information and Communication Technology, hoped that all the Ministries / Divisions / Departments would assist in the implementation of various activities of the strategy and provide recommendations on refinement and finalization of the proposed responsibilities.

Making Law for E-Commerce Business: A Philosophical Approach

E-commerce is revolutionizing business by replacing paper-based information with computer-based communication. E-commerce businesses have an online presence in almost every country in the world. Therefore, it has been suggested that e-commerce businesses are potentially subject to the laws of every country in the world and must comply with the laws of every country. However, it is not practically possible for e-commerce businesses to know and understand every foreign law that would likely apply to its activities. If an online transaction has effects in a number of countries, it is highly likely that all of those countries will invoke their authority to the consequences of that transition. Where there are multiple national laws which claim to apply to an online activity, it is almost inevitable that they will conflict with each other. Therefore, e-commerce business provides a noble challenge of seeking to integrate new economic practices within current legal frameworks. To address it, on one hand, 1 LL.B (Hons) and LL.M from the University of Chittagong; LL.B from the University of London, UK; PGDip in Professional Legal Skills from City University of London, UK; Barrister-at-Law from Lincoln’s Inn, UK; LL.M in Computer and Communications Law from Queen Mary University of London, UK. Chevening Fellow; Permanent Research Fellow China South Asia Legal Research Institute; At present working as Special Officer (District Judge) in the Supreme Court of Bangladesh. the e-commerce business itself is trying to solve this issue and on other hand, the law makers are also trying to find a possible solution. The aim of this article is to outline the essence of the required reform. In my discussion, I would explain how e-commerce business is self-regulating and the approach of the lawmakers to regulate it.

Controlling mechanism by e-commerce business

Voluntary compliance policy

For sustainable growth, every business complies with the law of the home state, whether it is applicable to it or not. This compliance would assist the company in gaining the customers' trust and confidence. As a result, in order to achieve sustainable growth as well as trust and confidence of the customers, foreign e-commerce businesses always try to comply with national laws and rules that are not even applicable to their activities. For instance, Amazon.co.uk is incorporated in Luxembourg and deals online with UK customers. In accordance with the EU E-commerce Directive, in the course of online transactions, Amazon.co.uk is required to comply with the laws of Luxembourg only subject to the exception in respect of consumer contracts, where the applicable law is consumer’s home state’s law. A large number of UK laws were not applicable to Amazon.co.uk. However, it complies with UK advertising regulations and other legal obligations generally applicable to all UK commercial entities. This voluntary compliance practice and policy of Amazon.co.uk increases its reputation and helps it to achieve customer's trust and confidence.

Compliance as normative obligation

A foreign e-commerce business may choose to operate its business in a particular country and make itself one of the members of a similar business network in that country. This business network has a common interest in obeying and complying with the laws of that country that would apply to it. Therefore, as one of the members of that business network, foreign e commerce businesses operating under the obligation of the above-mentioned common interest are required to conform and comply with the laws of that country. The compliance policy is attributed to the obligation under the provision of common interests of the business network. For instance, Amazon.co.uk advertises its business and promotional offers to the UK customers. It makes itself part of the UK business network and complies with the UK laws related to its business as a normative obligation.

Selective operability

E-commerce business takes a measure to limit its service to users in the states whose laws are unfavourable to its activities. In doing so, e-commerce businesses select some specific jurisdictions whose national laws are known to them. Even if an e-commerce business operates its business in a state whose law is unfavourable to it, in practice, it does not maintain any establishments in that state. The establishment includes fixed premises, assets, equipment and employees. In that situation, if the state finds that the foreign e-commerce business does not comply with a certain law, the state cannot take any measure or action as the business has no establishments that the state can seize or attach.

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