Introduction: Law on E-Commerce
In the past years, Digital Economy, especially E-Commerce and online shopping have been increasing significantly.
The mobile phone subscription increases from 12 million in 2014 to 20.7 million in April 2020 whereas internet subscribers increases from 5 million in 2014 to 15.2 million in April 2020. Digital
payment, sharing economy, gig economy, either in the form of B2B, B2C or C2C as well as digital platforms continue to have rapid growth in Cambodia.
The Royal Government of Cambodia has put the E-Commerce development as a priority in its development strategies agenda such as National Strategic Development Plan 2019-2023 and Rectangular strategy phase IV.
In recent years Myanmar has been hailed as the “final frontier” for investors in Asia. Foreign direct investment has increased significantly since the nation’s return to a civilian government in 2011 after sixty years of military rule and failed economic policies. The United States, which once imposed severe trade restrictions against the country, has since become an enthusiastic trading partner with US companies investing US$612 million in Myanmar since 2012. The Myanmar Investment Commission (MIC) has received around US$ 500 million a month so far for the fiscal year.
However, Cambodia did not have an exhaustive set of law and regulations regarding E-Commerce. The Civil Code provided general rules with regards to contracts and the Criminal Code provided for some rules in relation with fraud.
In this regard, on November 2, 2019, the Law on E-Commerce (the “E-Commerce Law”) has been promulgated, and became effective on May 2, 2020, initiating a profound change in the
Cambodian legal landscape. The purpose of the E-Commerce Law is to manage e-commerce, secure commercial and civil transactions in electronic system and provide confidence to the
public in using electronic communications (Art. 1). Basing on the UNCITRAL Model Law on Electronic Commerce (1996), this Cambodian E-Commerce Law brings important changes to the Cambodian business legal framework by regulating electronic
communications and strengthening consumer protection in this context of Industrial Revolution 4.0.