Legal Regulation of the Electronic Store( Comparative Study )
DOI:
https://doi.org/10.64184/ajlps.V3.I1.Y2026.P474-509.276Keywords:
Electronic Store Electronic Shop, Virtual Store, Electronic Sale, Consumer ProtectionAbstract
The electronic store represents one of the most prominent manifestations of transformation in commercial transactions within the digital environment. Rapid technological developments have created a new commercial reality that has necessitated legislative intervention to regulate this activity through clear legal frameworks that take into account its technical characteristics and legal implications. This study examines the legal regulation of the electronic store by clarifying its concept، identifying its elements and conditions of establishment,and highlighting the legal protection afforded to it. The study adopts a comparative approach، through an examination of the Iraqi Electronic Commerce Regulation No. (4) of 2025، and a comparison with the Saudi Electronic Commerce Law of 2019 and Federal Decree-Law No. (14) of 2023 concerning commerce through modern technological means in the United Arab Emirates، with the aim of identifying areas of convergence and divergence in the regulation of this emerging commercial activity. The study concludes that the electronic store is no longer merely a technical means for conducting trade، but has evolved into an integrated legal framework whose rules give rise to direct legal effects affecting the parties to the contractual relationship. This is particularly evident in light of the absence of physical inspection and the information asymmetry between the trader and the consumer. The study further emphasizes the pivotal role of intellectual property rules in protecting the digital identity of the electronic store، as well as the importance of regulating the obligations of the electronic trader in achieving contractual balance and enhancing trust in digital commercial transactions.
References
Sources
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Saudi Laws:
1- Saudi Trademarks Law No. (M/21) of 2002.
2- Saudi Copyright Protection Law No. (M/41) of 2003.
3- Saudi Electronic Commerce Law of 2019.
4- Executive Regulation of the Saudi Electronic Commerce Law of 2020.
5- Guidelines for Electronic Stores pursuant to the Saudi Electronic Commerce Law and its Executive Regulation of 2023.
UAE Laws:
1- Federal Decree-Law No. (36) of 2021 on Trademarks.
2- Federal Decree-Law No. (38) of 2021 on Copyright and Related Rights.
3- Federal Decree-Law No. (14) of 2023 concerning Trade through Modern Technology Means
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