The legal regulation of e-commerce is significantly complicated by the lack of unity among specialists in understanding the essence of this social phenomenon. The range of opinions on this issue is quite wide. At the same time, many experts draw attention to the fact that e-commerce is part of a broader sphere of relations related to the cross-border exchange of information. Therefore, commercial activity through electronic data exchange cannot be regulated outside the general context of legal regulation of communication and information transmission. Currently, the legal vacuum is being filled by the rules that are being formed in the practice of electronic communications. In the current situation, this partly removes the urgency of the issue. However, such customary rules are not able to provide a comprehensive and comprehensive legal mechanism for regulating all aspects of electronic communications.