October 2025 – Richard Wee Chambers

Online Shopping is Convenient … until it’s not

In the digital era, the appeal of e-commerce is undeniable, browse at home, checkout in seconds, enjoy doorstep delivery. Yet this convenience masks a growing underside of risk for consumers. With smartphones, high-speed connectivity and platforms offering deep discounts, many of us have embraced online shopping as the go-to. The advantages include speed, access to global and local products, continuous promotions and variety.

Online shopping often brings many benefits, that is until issues arise.

Agreement Between the United States of America and Malaysia on Reciprocal Trade

On 26 October 2025, an Agreement Between the United States and Malaysia on Reciprocal Trade was entered into. The Trade Agreement is aimed at establishing a clear and predictable framework for reciprocal trade. The Trade Agreement establishes a comprehensive framework aimed at enhancing bilateral economic ties, strengthening supply chain resilience, and aligning both countries’ trade and national-security interests. It is composed of seven key sections and multiple operative articles, each setting specific reciprocal commitments

美利坚合众国与马来西亚互惠贸易协议

美利坚合众国政府（’美国’）与马来西亚政府已就一项《互惠贸易协议》（’协议’）达成共识，旨在加强双方的双边经济关系，并为两国出口商提供前所未有的市场准入机会。

Unfair Trade Practices and Monopolistic Acts in Digital Platforms

The rapid growth of digital markets, especially in e-commerce and multi-sided platform business, has raised significant concerns about unfair trade practices and monopolistic acts.

On 19 August 2025, the Trade Competition Commission of Thailand released the Draft Guidelines for Considering Unfair Trade Practices and Monopolistic Acts in Multi-Sided Platform Business, Digital Services, and E-Commerce to address these issues. The Draft Guideline establishes four principles and identifies two main categories of potentially anti-competitive conduct and unfair trade practices.

The Cross Border Insolvency Bill 2025

The much-anticipated Cross-Border Insolvency Bill was officially passed by the Dewan Rakyat on 29th July 2025, marking a milestone in Malaysia’s legal and commercial development. After an engaged debate involving Members of Parliament from both sides of the political aisle, the Bill received broad support for its potential to modernise the way Malaysia handles cross-border financial disputes.

E-Commerce Accessibility and Inclusivity

As the internet becomes the backbone of global trade and daily living, accessibility in E-Commerce is increasingly recognised as a public good that underpins equitable economic participation. The COVID-19 pandemic reinforced this reality, highlighting how essential digital access is for consumers to obtain goods, services, and redress mechanisms.

“Add to Cart”: Digital Contracts in E-Commerce

The convenience of online shopping often overshadows the legal realities behind each transaction. Every online purchase, no matter how big or small, constitutes a legally binding agreement between buyer and seller. When a consumer clicks “Add to Cart” or “I Agree,” a digital contract is formed, establishing enforceable rights and obligations on both sides.

Transparency and Trust in E-Commerce

In today’s interconnected digital economy, transparency is not just compliance, it is strategy. When sellers and intermediaries uphold truthful representation, honest marketing, and clear disclosures, this leads to consumer trust, ultimately strengthening the marketplace ecosystem.

Extraterritoriality: E-Commerce Laws

Despite the rapid growth of cross-border trade, Malaysia currently lacks a legislative framework that specifically governs cross-border e-commerce transactions. This creates a regulatory blind spot, allowing foreign online marketplace operators and sellers to evade liability simply because they do not have a physical or legal presence in Malaysia. When harmful, defective, or illegal goods are sold into Malaysia, or when personal data is mishandled by foreign platforms, affected consumers often struggle to identify, locate, or take legal action against these entities due to the differing jurisdictions in which parties are located. This leaves consumers vulnerable and domestic laws unenforceable against offshore actors.

Regulating the Digital Marketplace: Law in the Age of E-Commerce

E-commerce has revolutionised the way businesses and consumers interact. However, while technology has changed the mode of doing business, the law continues to apply. The same principles that govern traditional commerce — from fair trading to product safety — extend to online transactions, though often with added complexity.

Monthly Archives: October 2025

Online Shopping is Convenient … until it’s not

Agreement Between the United States of America and Malaysia on Reciprocal Trade

美利坚合众国与马来西亚互惠贸易协议

Unfair Trade Practices and Monopolistic Acts in Digital Platforms

The Cross Border Insolvency Bill 2025

E-Commerce Accessibility and Inclusivity

“Add to Cart”: Digital Contracts in E-Commerce

Transparency and Trust in E-Commerce

Extraterritoriality: E-Commerce Laws

Regulating the Digital Marketplace: Law in the Age of E-Commerce

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