Legal Issues Relating To Online Transaction: Special Reference To Children Product Safety In Malaysia

Farhanim, Abdullah Asuhaimi and Zuhairah Ariff, Abd Ghadas and Nur Amani, Pauzai and Khairun-Nisaa, Asari (2017) Legal Issues Relating To Online Transaction: Special Reference To Children Product Safety In Malaysia. In: International Conference On Child Law and Humanitarian Law, 8-9 October 2017, Universiti Sultan Zainal Abidin.

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Abstract

In the USA, ―children‘s product‖ is defined as a consumer product designed or intended primarily for children 12 years of age or younger. All children‘s products are subject to a set of federal safety rules, called children‘s product safety rules. It is important to classify the product to identify correctly the set of children‘s product safety rules applicable to the product. As for the online transactions, there is a federal agency called the Federal Trade Commission (FTC) which is responsible to regulate e-commerce activities, including use of commercial emails, online advertising and consumer privacy. In Malaysia, there is no specific law which governs both online transaction and children product safety. The general laws applicable for online transaction are the Electronic Commerce Act 2006, Contracts Act 1950, and Sale of Goods Act 1957 whilst the general law regulating children product safety would be the Consumer Protection Act 1999. This paper discuss the general laws which are applicable in Malaysia related to online transaction of children product and to highlight the legal issues on product safety which arises or might arises due to the current regulatory framework. This paper adopts the statutory analysis and doctrinal analysis research methodology

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