Implementation of computer-based information systems (CBIS) has become increasingly important due to the growing reliance on new technologies by organisations in their operations and service delivery. There has also been realization by individuals and businesses of the inevitability of delivering value-added services without computerized systems. Despite this awareness and the apparent growing readiness to deploy computer-based systems, there still exists a myriad of perennial challenges inhibiting the implementation of these systems. Using insights from previous studies, the paper sums up the legal issues that have been acknowledged by various scholars as major obstacles to the implementation of CBIS in developing countries.
Table of Contents
1.0 Abstract
2.0 INTRODUCTION
3.0 LEGAL CHALLENGES IN CONTEMPORARY LITERATURE
3.1 Data Protection and Privacy laws
3.2 Procurement legal framework
3.3 Lack of comprehensive anti-corruption legal framework/legislation
3.4 ICT law (e-law) as a field is not yet mature
3.5 Lack of well-trained lawyers in the field ICT
3.6 Tax Laws
3.7 Lack of implementation and enforcement of existing laws
3.8 Lack of National Information & Communications Technology (ICT) Policies
3.9 Immigration laws
3.10 Intellectual property laws
3.11 Licensing and contract laws
4. 0 Conclusion and the way forward
5.0 REFERENCES
Research Objective and Scope
This paper examines the specific legal barriers that hinder the successful deployment and operation of computer-based information systems (CBIS) within developing nations, highlighting often overlooked regulatory obstacles.
- Data protection and privacy legislation deficits.
- Impact of public procurement and anti-corruption frameworks.
- Challenges arising from immature ICT-specific legal fields.
- Fiscal burdens imposed by taxation on ICT equipment and services.
- The critical importance of comprehensive national ICT policies.
Excerpt from the Publication
3.1 Data Protection and Privacy laws
Computer based information systems are used in such critical areas as electronic funds transfer, internet banking and mobile banking. For these services to be offered effectively, customers’ data must be collected in databases and transmitted over long distances electronically. This data must be protected from unauthorised access both during transmission and storage. It is also the responsibility of the party collecting and transmitting this data to ensure that the privacy of the customer in not infringed and that the customers’ data is always secure.
The assurance of privacy and integrity is not assured in many developing countries since many developing countries do not have comprehensive data protection and privacy legislation. Therefore, security and privacy concerns by customers sometimes deter them from using computer systems such as ones used to conduct online transactions like buying of goods and services. This is a serious challenge in the implementation of computer systems for these purposes.
Buck (1997) as quoted by Mthembu (2010) is of the same view when he argues that, when making payments, customers want a payment mechanism which is safe and which can enable them to make and receive payments and be sure that no one can divert such payments or impersonate them in order to steal their funds. In the absence of comprehensive data protection and privacy laws that assures them of enough security of their data, their privacy and security of their funds, customers may avoid these systems. This is a serious setback to the development of computer-based systems in the sectors of ebanking, ecommerce and mobile commerce etc.
Summary of Chapters
1.0 Abstract: Provides an overview of the challenges facing CBIS implementation and outlines the research methodology used.
2.0 INTRODUCTION: Defines computer-based information systems and their core components, establishing the context for the study.
3.0 LEGAL CHALLENGES IN CONTEMPORARY LITERATURE: Discusses various legal hurdles including privacy, procurement, tax, and intellectual property that impede ICT adoption.
4. 0 Conclusion and the way forward: Summarizes the key legal impediments and emphasizes the need for improved legal frameworks to support future growth.
5.0 REFERENCES: Lists the academic and policy sources utilized in the study.
Keywords
computer-based information systems, CBIS, developing countries, legal challenges, data protection, privacy laws, ICT policy, intellectual property, procurement, anti-corruption, tax laws, digital economy, software piracy, e-law, information technology.
Frequently Asked Questions
What is the primary focus of this research?
The paper focuses on identifying and analyzing the specific legal obstacles that hinder the implementation of computer-based information systems in developing countries.
What are the core thematic areas discussed?
The themes include data privacy, procurement laws, anti-corruption legislation, ICT policy, taxation, intellectual property rights, and contract law.
What is the research goal of this paper?
The goal is to highlight legal impediments that are often overlooked by scholars, providing a critical review of literature to suggest areas where legal frameworks need strengthening.
Which scientific method was applied?
The author employed a systematic review of English language literature published from 1998 to the present day.
What does the main body cover?
It evaluates eleven specific legal challenges, ranging from the lack of data protection laws to the complexities of licensing and contract law in the digital age.
Which keywords best describe this study?
Key terms include computer-based information systems, legal challenges, developing countries, ICT policy, and intellectual property.
How do tax laws specifically impact ICT adoption in developing nations?
Taxation on ICT equipment and software increases the cost of implementation, often rendering these systems unaffordable for small and medium enterprises.
Why is the lack of "well-trained lawyers in the field of ICT" considered a challenge?
A shortage of legal experts specializing in e-law slows down the compliance and regulatory processes necessary for companies to establish and operate businesses in these countries.
In what way does the lack of national ICT policy hinder progress?
Without such policies, infrastructure development is often ineffective, resources are wasted, and there is no clear priority for technological innovation or service quality improvement.
How does copyright law conflict with the goals of digitization?
Copyright restrictions can act as a barrier to providing open access to digital collections in libraries and archives, sometimes limiting access to one user at a time.
- Arbeit zitieren
- Daniel Kinyanjui (Autor:in), 2015, Specific legal issues affecting the implementation of computer-based information systems in the developing countries. A critical review of literature, München, GRIN Verlag, https://www.grin.com/document/342816
