National ICT Strategic Plan Government of St Kitts and Nevis Legal and Regulatory Framework for E-commerce ICTs have led to new electronic markets that extend customer choice while resulting in significant benefits in efficiency. This new environment, however, requires new policies and laws and amendments to existing legal frameworks. For e-commerce to flourish in SKN and become a significant economic factor, market participants must have confidence that transactions will follow predictable guidelines and that the rule of law will protect all stakeholders. A basic legal framework must cover an extensive list of issues and policies, beginning with electronic transactions, digital signatures, privacy and protection of data, cybercrime, consumer rights, quality of service, dispute resolution, and jurisdiction of courts to hear disputes, to name a few. The absence of a comprehensive legal/regulatory framework does not preclude online commerce but it will limit the value and growth potential of electronic markets. The task of reforming or adopting new laws will be time consuming and St Kitts Nevis should consider regional initiatives and mechanisms to share information to facilitate the process. The task of identifying laws implicated in e-commerce requires the active participation of both the private and public sectors and the dedicated assistance of local attorneys and experienced consultants who know the global legal framework and the issues under discussion. Keeping legislation attuned to ICT and ICT use St Kittts and Nevis needs to ensure that legal rules and procedures are adapted and kept up-todate so that individuals and organisations can use ICT to the fullest possible extent. This effort is a fundamental requirement for all other policies to come into effect. However a number of Ebusiness activities can and in fact have begun before the new legislation has been passed. Due attention ought also to be paid to securing the fullest possible compatibility with internationally accepted standards and regulations (e.g. UNCITRAL model laws) as well as those of major partner countries. Major topics requiring attention are the legal force of electronic documents and contracts, authentication of parties, protection of intellectual property and privacy, definition of the legal responsibilities of participants in electronic communications, prevention of new forms Ministry of Finance, Sustainable Development, Information and Technology November, 2006 29

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