THE NATURE OF THE BUYER'S ELECTRONIC FULFILLMENT RISKS- REALITY AND CHALLENGE
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Abstract
The global trend towards the horizons of digital work has had a major role in the electronic fulfillment process gaining special importance in the recent period, as it is a new system produced by e-commerce that works according to modern electronic mechanisms that did not exist before. Thus, the electronic fulfillment mechanism is one of the most important rights and obligations arising from electronic transactions, but rather a fundamental pillar, if we do not say that this transaction is what led to the emergence of this commitment between the contracting parties, so the concern was for the necessity to define the mechanism of fulfillment on the network itself by means of a bank card, or any method of electronic fulfillment.
Nevertheless, we find that those who shop online often feel insecure about the electronic piracy operations when fulfilling the financial value of the transactions concluded electronically, and then feel that they are not legally protected, and they do not know the truth of their legal status, as is the case with the buyer who deals electronically. So that the feeling of the inability of the other party, who is the seller, to fulfill his legal obligations according to the commercial offer submitted by him. Therefore, the issue of providing the confidentiality of electronic payment card information and thus the security of fulfilling its financial value is one of the obstacles to the growth of electronic commerce.
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References
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- Preliminary stage: At this stage, risks may arise as a result of the issuance of inappropriate decisions during the planning and processing of electronic systems commensurate with the services they provide, as well as that these systems may not achieve what the customer requires.
- The stage of policies and procedures: where the risks arise from administrative negligence and technical inability in relation to electronic activity.
_Internal Security and Control Phase: Risks may arise here as a result of not providing the required internal protection for the information that the bank needs or that is transmitted to it through electronic communication.
_Accounts and Auditing Stage: Lack of auditing and processes used through a particular electronic system would pose a risk to electronic payment methods
- Communication and information systems: Risks arise at this stage as a result of the lack of security with regard to the issue of certification of information received electronically and the inability to identify problems resulting from electronic banks.
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- Musa Khalil Al-Mitri, op. Cit., P. 266.
- Jalal Ayed Al-Shura, op. Cit., P. 95.
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- Theexisting accreditation body, when activating the set system, has several guarantees, including: - Ensuring that the content of the message and the financial information related to it are verified by encryption technology, - Ensuring that the identity of both the seller and the buyer is verified, - Seeking to protect the privacy of the customer by not tracking the quality of his purchases, - Embodying the guarantee of the principle of complementarity, indicating that the message sent is the same as the message received. See: Nader Shaaban Ibrahim Al-Sawah, Plastic Money and the Impact of Electronic Transactions on Internal Audit in Commercial Banks, University Publishing and Distribution House, Alexandria, 2006, p. 124.
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- The seventh paragraph of Article 02 stipulates that: "The following means:...7- Electronic Certification Certificate: A document in electronic form proving the link between the verification data of the electronic signature and the signatory..."
- Paragraph 12 of Article 02 reads as follows: " ... – Performer of electronic certification services: A natural or legal person who grants described electronic certification certificates, and may provide other services in the field of electronic certification."
-Article 15 of Law 15-04 was included in the provisions of Chapter One on the electronic certification certificate described in Chapter Three, entitled Electronic Certification, where the legislator indicated throughit the nature of this certificate by the availability of certain important requirements that must be met init and the data it must contain.
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- The Regulatory Authority of the Post and Transport in Algeria initiated the preparation of a project on the electronic certificate on securing transactions through the transport network, related to the organization of an open national and international tender on 06/09/2009 to find a company specialized in the field of electronic certificates, which is mainly tasked with developing the tools and mechanisms necessary to establish and follow up the use of electronic certificates during the exchange of data over the Internet, as the card user can conclude transactions online and pay for the purchase of online collectibles from merchants, in a secure environment against fraud and piracy, thanks to the circulation of encrypted information as well as the use of a personal access code that helps to verify the identity of the cardholder. See: Wadi Yousef, op. Cit., P. 182. Also: Dimish Sumaya, Electronic Commerce: Its Imperative and Reality in Algeria, Master's Memorandum in Economic Sciences, Faculty of Economic Sciences and Management Sciences, University of Menturi, Constantine, 2010-2011, pp. 266-267.
- Article 29 states the following: "Electronic payment platforms established and exploited, in accordance with Article 27 above, shall be subject to the control of the Bank of Algeria to ensure that they meet the requirements of interoperability, data confidentiality, integrity and security of exchange."
- Regulation No. 05-07 dated 26 Dhu al-Qa 'dah 1426 corresponding to 28 December 2005, including the security of payment systems. Official Gazette of the Algerian Republic No. 37, issued on 04/07/2006.
- This is stipulated in Article 02 of the aforementioned Payment Systems Security Law. He reviewed: Abdul Raouf Dabbash and Zabih Hisham, Means of Payment between the Technical and Legal Protection of the Electronic Consumer, Journal of Jurisprudence, issued by the Faculty of Law and Political Science at Mohamed Khader Biskra University, No. 14, April 2017, p. 116.
- Law No. 18-04 dated 24 Sha 'ban 1439 corresponding to 10 May 2018, specifying the general rules related to mail and electronic communications, Official Gazette of the Algerian Republic No. 27 dated 13/05/2018.
- See the text of Article 03of Law No. 18-04 specifying the general rules related to mail and electronic communications, op. Cit.
- See Article 46, paragraph 04, and Article 57, paragraphs 1and 3, as well as Article 62, paragraph 1, of Law No. 18-04 specifying the gene