Protecting the e-commerce shop from cyber attacks (A Comparative Study between Iraqi Law and Saudi and Emirati Law)

Abstract

The rapid development of information and communication technologies has had a profound impact on the modernization of the concept of commercial activity, as such activity is no longer confined to the traditional physical framework. Rather, it has expanded to encompass the digital space, including what is known as the electronic commercial establishment, which has become one of the most prominent components of the contemporary digital economy, given its effectiveness as a means for conducting commercial transactions and exchanging goods and services without being restricted by time or place. However, this development has been accompanied by a number of challenges, most notably cyber risks that threaten the security of this type of commercial activity, particularly those related to data in terms of its integrity, confidentiality, and availability.

With the quantitative and qualitative increase in cyberattacks targeting electronic commercial establishments in their various forms, cybersecurity has emerged as the first line of defense against such threats. It is not merely an organizational option or a precautionary measure, but rather a legal and technical necessity that cannot be dispensed with. Nevertheless, the effectiveness of this role depends on the existence of a sound legislative framework capable of providing protection through the guarantees it offers, embodied in defining obligations and establishing legal liabilities and effective sanctions. This is precisely what national legislation lacks.

Accordingly, this research addresses all the foregoing by defining the electronic commercial establishment, identifying the main types of cyberattacks to which it is exposed, and determining the role of cybersecurity in ensuring its protection, with a view to reaching the most significant findings and recommendations. This is achieved through adopting a comparative analytical approach to demonstrate the legislative deficiency and gap in the Iraqi legal system in this regard.

The rapid development of information and communication technologies has had a profound impact on the modernization of the concept of commercial activity, as such activity is no longer confined to the traditional physical framework. Rather, it has expanded to encompass the digital space, including what is known as the electronic commercial establishment, which has become one of the most prominent components of the contemporary digital economy, given its effectiveness as a means for conducting commercial transactions and exchanging goods and services without being restricted by time or place. However, this development has been accompanied by a number of challenges, most notably cyber risks that threaten the security of this type of commercial activity, particularly those related to data in terms of its integrity, confidentiality, and availability.

With the quantitative and qualitative increase in cyberattacks targeting electronic commercial establishments in their various forms, cybersecurity has emerged as the first line of defense against such threats. It is not merely an organizational option or a precautionary measure, but rather a legal and technical necessity that cannot be dispensed with. Nevertheless, the effectiveness of this role depends on the existence of a sound legislative framework capable of providing protection through the guarantees it offers, embodied in defining obligations and establishing legal liabilities and effective sanctions. This is precisely what national legislation lacks.

Accordingly, this research addresses all the foregoing by defining the electronic commercial establishment, identifying the main types of cyberattacks to which it is exposed, and determining the role of cybersecurity in ensuring its protection, with a view to reaching the most significant findings and recommendations. This is achieved through adopting a comparative analytical approach to demonstrate the legislative deficiency and gap in the Iraqi legal system in this regard.