Commercial Law and Preliminaries of Auditing · Ch 7 — Cyber Law
Scope of Cyber Law
Scope of Cyber Law
Cyber Law's scope spans every stage of an online transaction and every kind of wrong that can occur along the way.
Online contracts. Cyber Law recognises that a valid contract can be formed entirely through electronic means — a clicked "I agree" button, an exchange of emails, or an e-signed document. The ordinary rules of offer and acceptance (studied in Unit 2, Law of Contract) still govern whether and when a binding contract comes into existence; Cyber Law's specific contribution is giving that electronic exchange the same legal recognition a paper-based agreement would have.
E-commerce regulation. Online sellers are subject to disclosure and fair-dealing obligations — accurate product descriptions, clear pricing, a grievance-redress mechanism, and rules against unfair trade practices — reinforced today by the Consumer Protection Act, 2019 and its E-Commerce Rules, which apply consumer-protection principles specifically to online marketplaces and sellers.
Consumer rights. A consumer transacting online retains the same core rights as any consumer — the right to accurate information, the right against unfair or deceptive trade practices, and the right to seek redress — with Cyber Law and e-commerce regulation together ensuring these rights are not diluted merely because the transaction happened on a screen rather than across a counter.
Identity, data, and funds theft. Cyber Law's scope covers offences where a wrongdoer steals a person's identity details, personal data, or money using electronic means — commonly through phishing, hacking, or malware — and provides for both criminal penalties and, in some cases, civil compensation for the victim. …