This article describes the problem of the legal nature of electronic commerce and electronic transactions, which are relevant with the development of information and communication technologies. According to the authors, electronic commerce is a type of entrepreneurial activity in the sale of goods and services using information and communication technologies. In this article, the authors study the legal nature and signs of entrepreneurial activity, electronic commerce and electronic transactions, compare the opinions of scientists on this issue. The authors distinguish the following signs of electronic commerce, firstly, it is a trading activity that is aimed at making a profit by making transactions using information and communication technologies; secondly, it is an entrepreneurial activity that is risky in nature; thirdly, electronic commerce is based on electronic transactions using information and communication tools, the implementing of which is associated with the transfer of information; fourthly, the implementation of electronic commerce has its own characteristics, for example, the delivery of goods in various ways and making payments in various ways. In addition, the authors propose an amendment to the current legislation and propose a definition of entrepreneurial activity and electronic transaction.