|
|
Weaker Party and Consumer in E-commerce
Kmoch, Štěpán ; Elischer, David (advisor) ; Selucká, Markéta (referee) ; Rozehnal, Aleš (referee)
Weaker Party and Consumer in E-commerce Abstract The guiding principles of private law include the principles of equality and autonomy of the will. The question of access to freedom of contract is highly relevant for contracting in e-commerce, given the almost exclusively adhesive nature of contracting. Real inequality and restrictions on freedom of contract undermine these principles, and one of the functions of the law is to balance the resulting asymmetry in the legal position of persons, which is something that the legislator, particularly the European legislator, has long sought to do. The ambition of this dissertation is first to take a notional step back and, thanks to my legal specialization in e-commerce law, to critically evaluate the legislator's efforts, which I do more comprehensively in Chapters 4 and 5. For these purposes, I place the relevant legislation (which includes indirect consumer protection legislation such as the GDPR or the ePrivacy Directive) in the broader social context of the world of e-commerce. In doing so, I proceed systematically. First, I address issues such as the position of e-commerce in the economy, digitization, automation of work, and, last but not least, the data economy. I then elaborate on the legislative objectives of the legislator and, based on the data...
|
|
|
Legal aspects of the online marketing
Kmoch, Štěpán ; Císařová, Zuzana (advisor) ; Kučera, Zdeněk (referee)
Legal aspects of the online marketing The ever-growing role and importance of the Internet in today's society encourages the quick development of a relatively young and dynamic field - online marketing. Since the central goal of the online marketing is to maximize the profits of the given entity, commercial interest may easily get into the conflict with the interests of others. However, endangered entities are not only competing entities, but very often the customers themselves, addressing of which is much easier and cheaper in the Internet than in the "real world." In addition, in recent years the importance of the issue of the Internet users' privacy has been growing. Legal responses mainly consist in the public regulation, the compliance of which is supervised by the executor of the public administration appointed to do this by the legislator. However, also private regulation is worth mentioning, which is usually used primarily by competitors of the infringing entity rather than by consumers themselves. This thesis at first introduces the field of online marketing and its tools and consequently deals with the examination of the legal regulation in more detail, including the impact on practice. The aim of the thesis is to look at the legal regulation from the point of view of the practice, which...
|
|
|
Users’ risks in audited financial statements
Kmoch, Štěpán ; Müllerová, Libuše (advisor) ; Roubíčková, Jaroslava (referee) ; Šebestíková, Viola (referee)
The financial statements represent a comprehensive and standardized document including financial information about the company. The companies need to publish this document in the Collection of Deeds, and since the documents are submitted to the Collection of Deeds in electronic form and are subsequently freely available, any financial statements are generally available to a wide range of potential users. Users of the financial statements can be divided based on their relation to the financial statements and based on level of their knowledge of accounting. The confidence of users in information disclosed in the financial statements is higher, in case the financial statements were subject to audit. The user of the financial statements does not have a possibility of detailed verification of the information presented in it (he cannot inquire the management of the company, inspect the original accounting documents, etc.). In this case, the audit represents ensuring correctness of the information presented in the financial statements and also assurance that the financial statements were subject to the independent verification. These facts enhance the degree of confidence of intended users in the financial statements and this is also the purpose of an audit as defined by the International Standards on Auditing. In accordance with the International Standards on Auditing the auditor expects that the user of the financial statements has reasonable knowledge of accounting and is willing to study the financial statements with reasonable effort. Auditor performs his testing based on certain materiality level that does not have to agree to the materiality level of the user. The risk represents in this case the situation, when the materiality level of the user is lower than the materiality level determined by the auditor. The user of the financial statements has limited possibilities to verify the information in it, however, he is able to verify the link among information presented in different parts of the financial statements and confront the financial statements with other relevant information available. My dissertation consists from theoretical and practical part. In the theoretical part, there are possible verifications described that can be performed by the user of the financial statements and in the practical part, there are the mentioned procedures applied to financial statements of four domestic companies. The subject of my research was financial statements for the years 2006 to 2009. The aim was not only the identification of the risks in the financial statements from the users' point of view, but also monitoring of the development of financial statements in time. The subject of the dissertation was also the verification of the formal correctness of audit reports issued to the selected financial statements (I am registered as Czech statutory auditor by the Chamber of Auditors of the Czech Republic and therefore I am able to perform this verification). The subject of the dissertation was not the verification of the factual correctness of the audit report, this verification is in principle not possible without possibility to look into the audit file. During analysis of selected financial statements I have identified several areas that represent risk of misstatement in the financial statements from the users' point of view. It related mainly to going concern issues, issues relating to completeness of reserves and provisions and risk of possible overvaluation of finance investments and related receivables to subsidiaries. The user of the financial statements should for his better understanding therefore look for other information relating to the company from freely available resources and perform comparison with financial statements of other companies in the same industry. The risks mentioned above were not sufficiently commented in the notes to the financial statements and that subsequently gives a rise to questions on financial statements users' side and lowers his confidence in information presented in the financial statements. I think that there is a change in the audit approach necessary, it should not be enough just that the financial statements are free from material misstatement; the financial statements should not give a rise to additional questions from their users.
|
guest ::
