Monday, June 4, 2012

Legal Issues in International Cyberspace Marketing


The Sky and the Internet seem limitless...
Boundaries do not exist on the Internet. The Internet is an unregulated environment that was developed over thirty years ago for military applications.  Since the development, the Internet has changed the world in many ways; business and marketing now have no boundaries or do they?  Questions have arisen regarding laws—there are no Internet cops; the Internet is unregulated, which creates a plethora of privacy issues for marketers and multinational companies interacting on the world wide web with customers, vendors, and associates (Eid & Trueman, 2002; Gong, Li, & Stump, 2007; Usunier & Lee, 2005; Zugelder, Flaherty, & Johnson, 2000).
Privacy Issues
            Privacy can include a range of issues from trademark and copyright laws to private and personal information of customers, suppliers, vendors, employees—the list is quite long and unfortunately affects every individual and company that utilizes the Internet as a medium for communication and commerce.  Special interest do not enter into any Internet transaction—the government is not able to regulate or protect; however, the country where the money is tendered may offer some control of business on the Internet regarding financial transactions (Charters, 2002; Dixon, 2005; Javalgi, Radulovich, Pendleton, & Scherer, 2005).
Importance of Privacy
            How important is privacy to you?  As a customer, an expectation that the company will not share personal and financial information has been promised and broaching this trust presents problems and lawsuits for multinational companies.  Most of the search engines have been in lawsuits regarding privacy laws, especially trademark laws.  Google pioneered the search engine platforms and thus has the competitive advantage amongst search engines—advertisers utilizing this tool would most likely get better results.  Now, here is the question in this scenario—should Google be allowed to keep the search engine technology proprietary or should it be made public because it is on the Internet and could in theory control the traffic flow of most Internet searches (Troxclair, 2005)? 
Privacy and International Regulation
            Traditionally copyright laws have protected those that design and create, whether an idea or product; however, in an unregulated environment like the Internet is proving to be a more difficult task than one might imagine.  Even though websites are encrypted, have secure servers and take recommended precautions, security on the Internet is an ever changing and growing environment. Multinational companies have privacy issues that affect the security of the entire supply chain and control of information is primarily up to the organization (Dixon, 2005; Javalgi, et al., 2005; Kirca et al., 2011; Witkowski, 2005).
Multinational Companies and Privacy Strategies—Outcomes and Options
            Each country in the world is going to have its own unique issues with privacy laws and multinational companies doing business online, just as can be noted in the differences of Hofstede's cultural dimensions of countries and organizations (Usunier & Lee, 2005).  Some considerations for multinational companies and implementing cyberspace commerce internationally include: each country can and most likely will have legal issues regarding privacy regarding customs and ethics, social responsibility, online contracts, liabilities, torts, taxes, breach remedies, piracy—copyright and trademarks.  The more Internet traffic increases so does the chance that privacy laws will be abused or broken.  Based on research, the outcome of successful international e-commerce is subjective to culture and each countries laws.  Privacy strategies should be designed and implemented by corporate social responsibility policies and procedures—accounting practices and privacy should be ensured by legislations similar to the United States Sarbanes-Oxley accounting laws of 2002 (Taylor, 2000; Troxclair, 2005; Zugelder, et al., 2000).
            Google and other search engine companies are in litigation regarding privacy laws, such as trademark infringement.  Litigation is an expensive option for companies and other more common sense options would be to abide by the law of the land with regard to doing business and marketing as long as the law is ethical and culturally acceptable (Gong, et al., 2007; Javalgi, et al., 2005).
Recommendations with Justifications
            Recommendations are to know the culture of the country in which you are marketing and have e-commerce websites, rely on historical research to ensure privacy laws are not broken internationally.  This control and regulation must be the responsibility of the company.  Multinational companies should not rely on the governments of any country regarding the Internet and privacy laws; instead, they must rely on their own corporate responsibility policies and procedures.  Justification comes from the following fact regarding copyright infringement,
Among the most notorious offenders are China, India, Brazil, and Taiwan, where copyright protection ranges from weak to almost non-existent. This presents a potential problem for the future development of international e-commerce, since these countries represent a potentially huge online market in the next decade (Zugelder, et al., 2000).

References

No comments:

Post a Comment