Digital Entrepreneurs: Legal Obligations Under the Consumer Protection Laws and Regulations in Malaysia
Entrepreneurs explore creative ideas by introducing new types of products or services that significantly contribute to shaping the future market, consumers’ behaviour and even the surrounding society. It is, therefore, more important than ever for an entrepreneur to be informed of the aspects of consumer laws in business practices. At the same time, technological advances have altered the equilibrium of established business paradigms. While such advancement offers new opportunities for more innovative business models in e-commerce platforms, it also raises challenging questions with regard to the expected behaviour of an entrepreneur as required by law. In particular, to observe the registration requirement, complying with fair marketing practices and respecting the implied guarantees conferred by law to consumers. These issues are not entirely new. However, they do indeed pose additional challenges to existing legal frameworks in Malaysia, such as the Consumer Protection Act 1999, the Consumer Protection (Electronic Trade Transactions) Regulations 2012 and the Trade Descriptions Act 2011, among others. Accordingly, this article analyses the applicable consumer law in regulating entrepreneurs in e-commerce platforms whilst proposes several alternatives to ensure its continued effectiveness. The article has applied doctrinal research methodology to achieve these aims by analysing statutes, decided cases, books and journals related to the issues in question.