CEC Legal & Regulatory Compliance 5

Question 1

An ecommerce retailer operating as a marketplace platform facilitates a sale of counterfeit goods by a third-party seller. Under the DMCA safe harbor provisions, the platform may avoid liability if it:

Accepted Answer

Was unaware of the counterfeit listing and removed it promptly upon notification

Answer

DMCA safe harbor protects platforms from copyright (and by extension some IP) liability if they had no knowledge of infringement and acted expeditiously to remove infringing content upon notification.

Question 2

A US ecommerce company collects health-related data through its wellness product store. When does HIPAA apply to this data?

Accepted Answer

Only when the company is a covered entity or business associate as defined by HIPAA

Answer

HIPAA applies only to covered entities (healthcare providers, insurers, clearinghouses) and their business associates, not to general ecommerce retailers collecting wellness data.

Question 3

Under US export control law (EAR/ITAR), an ecommerce retailer selling dual-use goods must:

Accepted Answer

Screen customers against denied parties lists and comply with export licensing requirements for controlled items

Answer

EAR requires exporters to screen against denied/restricted party lists and obtain licenses when exporting controlled dual-use items, regardless of the destination country.

Question 4

Which principle in contract law determines when an ecommerce purchase contract is formed in a 'browse-wrap' agreement?

Accepted Answer

When the customer completes checkout and receives an order confirmation

Answer

In most jurisdictions, a contract is formed upon mutual assent, typically at checkout confirmation, though merchants should clearly define the offer and acceptance point in their terms.

Question 5

A California consumer files a CCPA request to delete their personal data. The ecommerce business must respond within:

Accepted Answer

45 days, with a possible 45-day extension

Answer

CCPA requires businesses to respond to verified consumer deletion requests within 45 days, with one 45-day extension allowed if necessary, for a maximum of 90 days total.

(CEC) Certified Ecommerce Consultant Practice Test

(CEC) Certified Ecommerce Consultant Practice Test

CEC Legal & Regulatory Compliance 5