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.
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.
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.
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.
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.
Malaysia’s Ministry of Science, Technology and Innovation adopted the National Guidelines on AI Governance and Ethics. The launch of which is a key step in supporting the Malaysian National Artificial Intelligence Roadmap 2021-2025.
AIGE reinforces Malaysia’s commitment to global AI ethics inspired by guidelines from UNESCO, OECD, and the EU, to ensure trusted and responsible AI development. Following this, AIGE set out seven core principles consisting of fairness, safety, privacy, inclusiveness, transparency, accountability, and the pursuit of human benefit.
On 17 July 2025, an Engagement Session on the Review of E-Commerce Legislation was held at Zenith Hotel, Putrajaya to engage relevant stakeholders on the ongoing review of Malaysia’s e-commerce laws. The session was led by YB Datuk Armizan, Minister of Domestic Trade and Cost of Living (“KPDN”), and moderated by KPDN officers. The engagement session brought together approximately 300 participants, including platform representatives, vendors, and users.
On 23 June 2025, Bursa Malaysia Derivatives Berhad (BMD) released the Trading Participants Circular 12/2025, announcing updates to Directive No. 6.25(1)-001. This directive outlines the list of foreign exchanges that Malaysian derivatives Trading Participants are permitted to access, in line with Rule 6.25(1)(b) of the BMD Rules.
The primary purpose of the Electronic Commerce Act 2006 is to provide legal recognition for electronic communications in the formation of contracts. In simple terms, it means that contracts made through emails, websites, or apps are recognised by law and are legally binding just like paper documents. The goal is to make it easier and safer to do business online by giving legal validity to electronic communications and transactions. More importantly, these electronic records can be used as valid proof to take legal action and resolve disputes.
Antitrust laws are designed to promote competition by restricting the ability of one single company from dominating the market Ensuring mergers and acquisitions do not overconcentrate market power or form monopolies, also breaking up those that have formed monopolies. It also prevents multiple firms from colluding or forming a cartel to limit competition through practices such as price fixing. The rise of Esports brings up several antitrust concerns, especially since Microsoft and Sony dominate much of the video game industry.
