E-Commerce News - Kodak, Data Privacy, BSA, Electronic Signatures, UNCITRAL
Kodak Fulfills Orders for Under Priced Cameras
Data Privacy - 'Safe' to send personal data to Canada
Information Commissioner's Web Site Data Protection Audit
BSA Truce Does not Extend to UK
UK Government Misses E-Commerce Directive Implementation
Deadline
Implementation of Electronic Signature Directive
UNCITRAL Draft Convention on Electronic Contracting
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Kodak Fulfills Orders for Under
Priced Cameras
The potential hazards caused by website errors were demonstrated last
month by Eastman Kodak when they decided to supply website ordered cameras
to customers at a hefty discount. The cameras had been mistakenly offered
for sale on Kodak's website at a price of £100 instead of the RRP of £329.
The mistake remained on the website for only twelve hours but attracted
more than a reported 10,000 orders during that time.
Initially, Kodak had emailed customers arguing that the customers'
orders, placed on the website, were only an ìoffer to purchaseî which
Kodak could choose to turn down.
An important factor in this case, however, was that Kodak subsequently
emailed those who had placed orders on the site in acknowledgement of
those orders. This act is thought by many to constitute acceptance of the
order and hence form a binding contract. Unhappy consumers had threatened
Kodak with litigation and many feel it is a case Kodak could easily have
lost.
The confirmation email sent by Kodak distinguishes this scenario from
that experienced by Argos when it offered TVs on its website at an
incorrect price (Argos had misplaced the decimal point!) because Argos did
not send an email confirming orders.
Kodak claims to have decided to honour the orders for the sake of good
customer relations and refused to comment on whether a legally binding
contract had been formed. How much this decision has cost Kodak is not
known, but based on the difference in price, the error could cost Kodak
over £2 million.
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Data Privacy - 'Safe' to send personal
data to Canada
Article 25 of the Data Protection Directive prohibits the transfer of
personal data (any information that can identify a person) from inside the
EEA (European Economic Area) to third parties in countries that do not
have 'adequate levels of protection'.
On 20th December 2001 the European Commission officially declared that
Canadian data protection laws provide adequate protection for personal
data under EC law. Until recently the Commission had approved only
Switzerland and Hungary. Companies in the US can join the Safe Harbour
scheme which has also been approved by the Commission.
In the past transfers outside the EEA have been carried out by
requiring (under contract) the transferee to comply with data protection
principles even though the transferee's country of residence does not have
data protection laws. This can be achieved using the set of clauses
approved in January 2002.
This approval now means that companies in the EEA can safely transfer
personal data (e.g. for processing) to Canada in the same way that they
could previously transfer data within the EEA.
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Information Commissioner's Web Site Data
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