In the area of electronic and mobile commerce there are unique legal risks as well as concerns that apply to traditional businesses. Various laws have been successfully applied to electronic transactions and new laws (cyberlaws) have been devised to deal with the latest technologies. However, developing a legally fail-safe site is difficult because of the lack of established law. E-Business and m-business practitioners must be aware of legal requirements and the risks involved in doing business in cyberspace. This paper examines the legal issues of privacy, online transactions, online content, encryption and jurisdiction, and examines the role of technology and the law in both addressing and/or hindering the solving of these issues. The digital economy develops at e-speed but the law does not. This paper outlines the enormous technological advances that impact on electronic commerce and illustrates, with examples, the reactions from international and national legal communities. KEYWOR...