Galexia

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ASEAN - Association of South East Asian Nations


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ASEAN - Overview

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Project Workshops

The Association of South East Asian Nations (ASEAN), established in 1967, is today comprised of ten member countries - Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Vietnam - with a combined population of over 500 million.

The e-ASEAN Framework Agreement of 2000 sets out goals for regional development of information and communication technology legal and technical infrastructure.

From 2004 to 2008 Galexia assisted ASEAN in harmonising its electronic commerce laws, as part of the ASEAN-Australia Development Cooperation Program (AADCP), funded by AusAID.



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ASEAN - Special Assistance - Awareness Raising and Technical Assistance - Phase 4 (January 2008)

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Galexia has been assisting ASEAN meet targets set in the Roadmap for Integration of e-ASEAN Sector (the e-ASEAN Roadmap). Measures contained in the e-ASEAN Roadmap for e-commerce include:

  • Measure 78: Enact domestic legislation to provide legal recognition of electronic transactions (i.e., cyberlaws) based on common reference frameworks. (Deadline: 31 December 2008)

Galexia’s project on e-commerce legal infrastructure for ASEAN was expanded to include special assistance for Indonesia. This phase ran from January to April 2008.

Indonesia has developed draft legislation to meet this target - the Electronic Information and Transaction Bill. It is an ambitious piece of legislation covering e-government, electronic contracting, privacy, cybercrime, spam, digital copyright and other cyberlaw issues in a single omnibus Bill.

This project is designed to assist Indonesia through:

  • The research, preparation and distribution of materials on the benefits, issues and challenges of developing e-commerce legislation in Indonesia; and
  • A high-level awareness raising and technical assistance workshop to facilitate the promotion of the Indonesian Electronic Information and Transaction Bill.

The Harmonisation of E-Commerce Legal Infrastructure in ASEAN Project is funded by the ASEAN Australia Development Cooperation Program (AADCP). AADCP is funded by the Australian Government through AusAID, implemented in close collaboration with the ASEAN Secretariat, and managed by Cardno Acil.



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ASEAN - Electronic Commerce project - Phase 3 (Mutual Recognition of Digital Signatures) (April 2007)

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One of the key steps to be fulfilled in the e-ASEAN Framework Agreement is that Member Countries will need to allow the mutual recognition of digital signatures across borders in ASEAN.

The current ASEAN E-Commerce Project (Phase 3) on the Mutual Recognition of Digital Signatures is designed to help ASEAN Member Countries develop a common strategy to meet this objective.

The development of an ASEAN Digital Signature Strategy will assist ASEAN countries in addressing the legal, policy, technical and infrastructure issues needed to develop common methods for mutual recognition of digital signatures. It will assist those countries with legal infrastructures to make necessary adjustments and provide direction for those countries yet to implement an infrastructure.

Five steps have been identified as necessary in the establishment of a harmonised legal framework covering mutual recognition of digital signatures in ASEAN:

  • Step 1: Develop recognition clauses for foreign digital signatures;
  • Step 2: Develop recognition criteria for foreign digital signatures;
  • Step 3: Identify interoperability model;
  • Step 4: Establish governance structure or arrangement for accreditation of foreign digital signatures; and
  • Step 5: Establish a technical committee/body to monitor the implementation of mutual recognition of digital signatures.

This phase ran from April through December 2007.



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ASEAN - Electronic Commerce project - Phase 2 (Electronic Contracting and Online Dispute Resolution (ODR)) (February 2006)

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In February of 2006, Galexia was commissioned to undertake an extension of the ASEAN Project. This project extension focused on harmonising electronic contracting and Online Dispute Resolution legal infrastructures in the region.

This project extension produced the following outputs:

  • A compilation of discussion papers focussing on ASEAN and international developments in electronic contracting, Online Dispute Resolution and jurisdiction of legal frameworks;
  • Surveys on the electronic contracting and Online Dispute Resolution legal landscapes in ASEAN member countries;
  • The development of a proposed framework for harmonised legal infrastructure for electronic contracting and dispute resolution; and
  • The compilation of implementation guides to support the proposed framework.

This project, as well as its extension, is funded by the ASEAN Australia Development Cooperation Program (AADCP) - Program Stream. AADCP is funded by the Australian Government, through AusAID and implemented in close collaboration with the ASEAN Secretariat and is managed by ACIL Australia Pty Ltd.



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ASEAN - Survey of Cyberspace Laws (August 2005)

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Galexia was commissioned to conduct a Survey of Cyberlaws in ASEAN and to produce a “gap analysis” which was published as a report for member countries in August 2005.

The following Cyberlaws were included:

  • Consumer protection;
  • Privacy and data protection;
  • Cybercrime;
  • Spam;
  • Online content regulation;
  • Digital copyright;
  • Domain name regulation;
  • Electronic contracting; and
  • Dispute resolution.

This project is funded by the ASEAN Australia Development Cooperation Program (AADCP) - Program Stream. AADCP is funded by the Australian Government, through AusAID and implemented in close collaboration with the ASEAN Secretariat and is managed by ACIL Australia Pty Ltd.



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ASEAN - Electronic Commerce project - Phase 1 (March 2004)

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Galexia won a competitive tender for a ground-breaking project to streamline electronic commerce in South East Asian nations.

Galexia partnered with global law firm Baker & McKenzie to develop and implement a harmonised legal infrastructure for electronic commerce in ASEAN (Association of South East Asian Nations: Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam).

The goal of the project was to assist ASEAN to integrate into one market for goods, services and investment by the establishment of a harmonised legal, regulatory and institutional environment for e-commerce. Additionally, there is an opportunity for some of the developing nations within ASEAN to ‘leap-frog’ paper based commerce and develop more efficient electronic transactions for cross-border trade. The project was the first of its kind to be conducted in the Asia Pacific region, and is second only to the European Union in its approach to legislatively facilitate borderless electronic transactions across a group of nations.



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