The legal framework of e-commerce
The Georgian Law on Electronic Commerce governs legal relations connected with electronic commerce, and for the purposes of the law e-commerce means the supply of information-society services. The law's aims are to promote the proper functioning of the internal market through the free movement of such services, to protect consumer rights in e-commerce, and to define the rights and duties of intermediary service providers. The law applies to entrepreneurs registered in Georgia and to branches of foreign commercial societies; it does not cover areas such as court representation, tax and customs matters, real-property registration, notarial activity or the gambling business.
Core definitions
Article 2 defines an information-society service — remotely supplied, for remuneration, at the individual request of the recipient, by electronic means. Remote supply means the parties are not simultaneously present; electronic means — devices for data processing and storage through which the service is transmitted by wire or radio waves. The law also defines commercial communication, the service provider and recipient, the order, intermediary services — mere conduit, caching and hosting — and the electronic contract, a contract concluded by electronic means. These definitions determine who falls under which regime.
Supply of services and conclusion of the contract
Under Article 3, the supply of information-society services is not subject to licensing, permitting or authorization — unless the activity falls under a licensing regime by another law. The electronic contract is a full-fledged contract: where confirmation by signature is required, it is concluded in accordance with Georgian legislation — electronic form does not diminish its force. These two positions create the initial calm for business: the entrance is open, and the form is reliable.