24
European Commission is working with a group of consumer and
industry organisations to identify key principles for business-toconsumer electronic commerce codes.
3.3.7
All these activities are backed by several pre-conditions. The countries
have adequate consumer protection legislation, including provisions
dealing with misleading advertising, telemarketing and deceptive
marketing practices. The countries have active consumer protection units
in appropriate ministries and enforcement agencies. Officials work
closely with industry sectors, particularly with business leaders who are
anxious to have a reputation for fair dealing and probity. International
arrangements and co-operative agreements are in place to allow for
investigations and enforcement actions across jurisdictional lines.
Furthermore, the governments and industry actively support the
development of alternative dispute resolution mechanisms, including online dispute settlement services. E-Government is used as an active tool
to educate consumers and provide help with dispute settlement and selfenforcement. Communities and the education system are interested and
involved in consumer rights generally, as well as the new problems
presented by e-commerce. Government has a strong, but challenging,
role to play in ensuring that these pre-conditions are met.
3.4 Recommendations:
- The Ministry of Trade and Industry in consultation with the Law
Society, and consumer and business groups review consumer
protection legislation to ensure its adequacy in an electronic
environment and consider adoption of the OECD Guidelines.
- The Ministry of Trade and Industry work with the Ministry of
Education and consumer, business and parent groups in developing
programmes for schools educating students about consumer rights in
general and e-commerce in particular.
- The Ministry of Communications, Science and Technology and the
Ministry of Trade and Industry work with consumer groups and
industry and community leaders to develop net trust labels and
consumer information standards for Botswana businesses doing
transactions on the Internet.
4.0
Protection of Personal Privacy
4.1
Objective:
• Ensuring that Botswana has in place a legal framework and policies
to protect personal privacy and personal data; in particular, to ensure
that Botswana has a privacy regime that would be considered
“adequate” to meet the principle of Article 25 of the European
Community Parliament and Council Directive on the Protection of