Some aspects of legal regulation of e-commerce in the United States
The article examines some topical issues of legal regulation of e-commerce in the United States, with an emphasis on its impact on the global economy and the need for flexible legislation. It is stated that e-commerce is a rapidly growing sector that is projected to reach $4.3 trillion in global retail sales by 2025. The author found that the United States, as a pioneering country in digital commerce, does not have a single e-commerce law, but instead uses a system of federal and state acts, including the E-SIGN Act (2000), UETA (1999), COPPA (1998), and CAN-SPAM Act (2003). These laws, the content of which is briefly analyzed in the article, regulate electronic signatures, data protection (especially for children) and anti-spam. It is found that in the United States, e-commerce regulation is based on the principles of minimal government intervention, which allows the market to self-regulate, but at the same time guarantees consumer protection. Particular attention is paid to case law, which plays a key role in interpreting regulations and setting precedents. The author analyzes the cases of Tompkins v. 23andMe and U.S. v. Google & YouTube” cases, the importance of clear rules for electronic transactions and protection of children’s data is demonstrated. It is also determined that the current American model of e-commerce regulation is based on the principles of minimal government intervention, which allows the market to regulate itself, but at the same time guarantees consumer protection. Particular attention is paid to case law, which plays a key role in interpreting laws and setting precedents in this area. The author also analyzes some of the current challenges related to cybersecurity, taxation and international harmonization of e-commerce legislation. It is emphasized that Ukraine should take into account the experience of the United States to develop an effective regulatory framework that will stimulate the development of the digital economy. The article offers specific recommendations for improving Ukrainian legislation, in particular, on electronic signatures, data protection, and online contracts.
Authors
- Vitalii Volynets (ORCID: https://orcid.org/0009-0003-0714-236X)
Institutions
- Al-Azhar University (ID)
Publication Details
- Journal
- Analytical and Comparative Jurisprudence
- Published
- 2025-06-24
- DOI
- https://doi.org/10.24144/2788-6018.2025.03.1.57
- Primary Topic
- Dispute Resolution and Class Actions
- Type
- article
- Field-Weighted Citation Impact
- 0.00