Professional Documents
Culture Documents
o IP Law
IPs are key business assets> eg software,
content, trademarks
o Everything else
Establishes the trading environment within
which businesses carry out their business
Real estate; employment ~ depends on
the trading environment > what does the
business do which work well within the
legal framework and what does not work
within the legal framework
Look at terms and conditions > location;
outsourcing
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III. E-COMMERCE LAW AND BUSINESS o Brokers are frequently in business-to-business
MODELS (B2B), business-to-consumer (B2C), or
consumer-to-consumer (C2C) markets
A. Questions to Ask (re e-commerce o Brokers usually charge a fee or commission
websites) for each transaction it enables
What kind of business model is the business
using? o Brokerage Models
Does the business perform all functions by Marketplace Exchange
itself, or is it clear that important functions are - full range of services covering the
performed by third parties? transaction process, from market
What can I find out about the business assessment to negotiation and fulfilment
structure (often, this information is hidden in - exchanges operate independently or are
the customer terms or in an “About” or backed by an industry consortium
“Corporate information” link)? - eg Orbitz, ChemConnect
2) Advertising
o an extension of the traditional media broadcast
model o Models
o website (broadcaster) provides content Advertising Networks
(usually for free) and services (like emails or - feed banner ads to a network of member
blogs) mixed with advertising messages sites > enables advertisers to deploy large
(banner ads) marketing campaigns
o banner ads may be the sole or major source of - collect data about web users that can be
revenue for the broadcaster used to analyse marketing effectiveness
o broadcaster as content creator or distributor of - eg DoubleClick
content
o works best when volume of viewer traffic is Audience Measurement Services – online
large or highly specialized audience market research agencies (eg
Nielsen, Netratings)
o Models
Portal – usually a search engine that may Incentive Marketing – customer loyalty
include varied content or services (eg Yahoo) programs providing incentives to customers ~
> seeks to drive a high volume of traffic to one redeemable points, coupons > user data sold
site for targeted advertising (eg Coolsavings)
Classified – list of items for sale or wanted for
purchase; may have a listing or membership Metamediary – facilitates transactions
fee (eg Monster.com, Craigslist) between buyer and sellers by providing
User Registration – content-based sites that comprehensive information and ancillary
require users to register and provide services > not involved in the actual exchange
demographic data > inter-session tracking of of goods or services (eg Edmunds)
user surfing habits > data of potential value in
targeted advertising campaigns (eg NYTimes) 4) Merchant
Query-based Paid Placement – sells o wholesalers and retailers of goods and
favorable link positioning (sponsored links) or services
advertising keyed to particular search terms in o sales may be based on list prices or by auction
a user query (eg Google, Overture)
Contextual Advertising / Behavioral o Models
Marketing – freeware developers bundle Virtual Merchant – e-tailer; a retail merchant
adware with their product > sells targeted that operates solely over the web (eg Amazon)
advertising based on individual user’s surfing Catalog Merchant – mail-order business with
activity web-based catalog > orders via mail,
Content-Targeted Advertising – pioneered telephone, online ordering (eg Lands’ End)
by Google > identifies the meaning of a web Click and Mortar – traditional brick-and-
page then automatically delivers relevant ads mortar retail establishment with web storefront
when a user visits that page (eg Google) (eg Barnes & Noble)
Intromercials – animated full-screen ads Bit Vendor – a merchant that deals strictly in
placed at the entry of a site before a user digital products and services > conducts both
reaches the intended content (eg CBS sales and distribution over the web (eg Apple
MarketWatch) iTunes Music Store)
Ultramercials – interactive online ads that
require the user to respond intermittently to 5) Manufacturer (Direct)
wade through the message before reaching o predicated on the power of the web to allow a
the intended content (eg Salon and Mercedez- manufacturer to reach buyers directly >
Benz) compresses the distribution channel (eg Dell
Computer)
3) Infomediary
o firms which assist buyers and/or sellers to o Models
understand a given market Purchase – sale of a product > right of
o consumer data, including consumption habits, ownership is transferred to buyer
can be valuable as it can be used to target
marketing campaigns
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Lease – for a rental fee, the buyer receives - used by non-for-profit radio and television
the right to use the product > under a “terms of broadcasting extended to the web
use” agreement - site is supported by voluntary donations of
License – sale of a product that involves the users
transfer of usage rights to the buyer (eg - eg wcpe.org
software licensing)
Brand Integrated Content – created by the
manufacturer for the sole basis of product
placement > opposite of sponsored-content
approach (advertising model)
6) Affiliate
o inherently well-suited for the web and popular Social Networking Services
o offers financial incentives (revenue - sites that enable individuals to connect to
percentage) to affiliated partner sites other individuals along a defined common
o affiliates provide purchase-point click-through interest
to the merchant > purchase opportunities are - can provide opportunities for contextual
wherever people may be surfing advertising and subscription from premium
o pay-for-performance model > if an affiliate services
does not generate sales, it represents no cost - eg Flickr, Friendster
to the merchant
o eg Barnes & Noble; Amazon 8) Subscription
o users are charged a periodic fee to subscribe
o Models to a service > incurred irrespective of actual
Banner Exchange – trades banner placement usage rates
among a network of affiliated sites o common to combine free content with
Pay-Per-Click – site that pays affiliates for a premium content
user click-through o frequently combined with advertising models
Revenue Sharing – offers a percent-of-sale
commission based on a user click-through in o Models
which the user subsequently purchases a Content Services – provide text, audio, or
product video content to users who subscribe for a fee
to gain access to the service > eg Netflix
7) Community Person-to-Person Networking Services –
o based on user loyalty > high investment in conduit for distribution of user-submitted
time and emotion information ~ individuals searching for former
o revenue based on: (a) sale of ancillary schoolmates > eg Classmates
products and services; (b) voluntary Trust Services – membership associations
contribution; (c) contextual advertising and that abide by an explicit code of conduct >
subscription for premium services members pay a subscription fee
o one of the more fertile areas of development Internet Services Providers – offer network
as seen in the rise of social networking connectivity and related services on a monthly
subscription
o Models
9) Utility
Open Source
o On-Demand Model, based on metering usage
- software is developed collaboratively by a
global community of programmers who > metered services are based on actual usage
share code openly rates
- instead of licensing code for a fee, open o Pay As You Go approach
source relies on revenue generated from o eg internet service providers
related services, like systems integration,
product support, tutorials, user o Models
documentation Metered Usage – bills users based on actual
- eg Red Hat usage of a service
Metered Subscriptions – purchase of access
Open Content – openly accessible content to content in metered portions (eg no. of pages
developed collaboratively by a global viewed)
community of contributors who work voluntarily
(eg Wikipedia)
Public Broadcasting
- user-supported model
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V. European Ecommerce Report (2019)
Organizations
o Ecommerce Europe / European eBay
Ecommerce Association - American multinational ecommerce
voice of the European digital commerce sector corporation with the aim of facilitating
has 19 national e-commerce associations C2C and B2B sales
represents more than 75,000 companies - Founded in 1995 by Pierre Omidyar
selling goods and services online to as AuctionWeb; renamed to eBay in
consumers in Europe 1997
- HQ at San Jose (Silicon Valley),
o EuroCommerce California
principal European organization representing - Operates in 180 countries
the retail and wholesale sector - British consumers buy more eBay
members include Carrefour, Ikea, Metro, items a month per capita than any
Tesco other country
REPEALED by Directive 2002/58/EC of (i) ‘at a distance’ means that the service is
the European Parliament and of the provided without the parties being
Council of 12 July 2002 concerning the simultaneously present;
processing of personal data and the
protection of privacy in the electronic (ii) ‘by electronic means’ means that the
communications sector (Directive on service is sent initially and received at its
privacy and electronic destination by means of electronic
communications) equipment for the processing (including
digital compression) and storage of data,
c. questions relating to agreements or and entirely transmitted, conveyed and
practices governed by cartel law; received by wire, by radio, by optical
means or by other electromagnetic
d. the following activities of information means;
society services:
(iii) ‘at the individual request of a recipient
- the activities of notaries or equivalent of services’ means that the service is
professions to the extent that they involve provided through the transmission of data
a direct and specific connection with the on individual request.
exercise of public authority,
(b) "service provider": any natural or legal
- the representation of a client and defence person providing an information society
of his interests before the courts, service;
- gambling activities which involve wagering (c) "established service provider": a service
a stake with monetary value in games of provider who effectively pursues an economic
chance, including lotteries and betting activity using a fixed establishment for an
transactions. indefinite period. The presence and use of the
technical means and technologies required to
6. This Directive does not affect measures taken provide the service do not, in themselves,
at Community or national level, in the respect constitute an establishment of the provider;
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those applicable to advertising and
(d) "recipient of the service": any natural or contracts, or requirements concerning the
legal person who, for professional ends or liability of the service provider;
otherwise, uses an information society service,
in particular for the purposes of seeking (ii) The coordinated field does not cover
information or making it accessible; requirements such as:
- requirements applicable to goods as such,
(e) "consumer": any natural person who is acting - requirements applicable to the delivery of
for purposes which are outside his or her goods,
trade, business or profession; - requirements applicable to services not
provided by electronic means.
(f) "commercial communication": any form of
communication designed to promote, directly Article 3. Internal Market
or indirectly, the goods, services or image of a
company, organisation or person pursuing a 1. Each Member State shall ensure that the
commercial, industrial or craft activity or information society services provided by a
exercising a regulated profession. service provider established on its territory
comply with the national provisions applicable
The following do not in themselves constitute in the Member State in question which fall
commercial communications: within the coordinated field.
- information allowing direct access to the
activity of the company, organisation or 2. Member States may not, for reasons falling
person, in particular a domain name or an within the coordinated field, restrict the
electronic-mail address, freedom to provide information society
- communications relating to the goods, services from another Member State.
services or image of the company,
organisation or person compiled in an 3. Paragraphs 1 and 2 shall not apply to the
independent manner, particularly when fields referred to in the Annex.
this is without financial consideration;
- copyright, neighbouring rights, rights
(g) "regulated profession": any profession within referred to in Directive 87/54/EEC(1) and
the meaning of either Article 1(d) of Council Directive 96/9/EC(2) as well as industrial
Directive 89/48/EEC of 21 December 1988 on property rights,
a general system for the recognition of higher-
education diplomas awarded on completion of - the emission of electronic money by
professional education and training of at least institutions in respect of which Member
three-years' duration or of Article 1(f) of States have applied one of the derogations
Council Directive 92/51/EEC of 18 June 1992 provided for in Article 8(1) of Directive
on a second general system for the 2000/46/EC(3),
recognition of professional education and
training to supplement Directive 89/48/EEC; - Article 44(2) of Directive 85/611/EEC,
(h) "coordinated field": requirements laid down Any undertakings for collective
in Member States' legal systems applicable to investment in transferable securities
information society service providers or (UCITS) may advertise its units in the
information society services, regardless of Member State in which they are
whether they are of a general nature or marketed. It must comply the provisions
specifically designed for them. governing advertising in that State.
- contractual obligations concerning consumer 5. Member States may, in the case of urgency,
contacts, derogate from the conditions stipulated in
paragraph 4(b). Where this is the case, the
- formal validity of contracts creating or measures shall be notified in the shortest
transferring rights in real estate where such possible time to the Commission and to the
contracts are subject to mandatory formal Member State referred to in paragraph 1,
requirements of the law of the Member State indicating the reasons for which the Member
where the real estate is situated, State considers that there is urgency.
a. the name of the service provider; (b) the natural or legal person on whose behalf
b. the geographic address at which the the commercial communication is made shall
service provider is established; be clearly identifiable;
c. the details of the service provider,
including his electronic mail address, (c) promotional offers, such as discounts,
which allow him to be contacted rapidly premiums and gifts, where permitted in the
and communicated with in a direct and Member State where the service provider is
effective manner; established, shall be clearly identifiable as
d. where the service provider is registered in such, and the conditions which are to be met
a trade or similar public register, the trade to qualify for them shall be easily accessible
register in which the service provider is and be presented clearly and
entered and his registration number, or unambiguously;
equivalent means of identification in that
register; (d) promotional competitions or games, where
e. where the activity is subject to an permitted in the Member State where the
authorisation scheme, the particulars of service provider is established, shall be
the relevant supervisory authority; clearly identifiable as such, and the
f. as concerns the regulated professions: conditions for participation shall be easily
- any professional body or similar accessible and be presented clearly and
institution with which the service unambiguously.
provider is registered,
- the professional title and the Member Article 7. Unsolicited commercial
State where it has been granted, communication
- a reference to the applicable
professional rules in the Member State 1. In addition to other requirements established
of establishment and the means to by Community law, Member States which
access them; permit unsolicited commercial
communication by electronic mail shall
g. where the service provider undertakes an ensure that such commercial communication
activity that is subject to VAT, the by a service provider established in their
identification number referred to in Article territory shall be identifiable clearly and
22(1) of the sixth Council Directive unambiguously as such as soon as it is
77/388/EEC of 17 May 1977 on the received by the recipient.
harmonisation of the laws of the Member
States relating to turnover taxes - 2. Without prejudice to Directive 97/7/EC and
Common system of value added tax: Directive 97/66/EC, Member States shall take
uniform basis of assessment. measures to ensure that service providers
undertaking unsolicited commercial
2. In addition to other information requirements communications by electronic mail consult
established by Community law, Member regularly and respect the opt-out registers
States shall at least ensure that, where in which natural persons not wishing to receive
information society services refer to prices, such commercial communications can register
these are to be indicated clearly and themselves.
unambiguously and, in particular, must
indicate whether they are inclusive of tax Article 8. Regulated professions
and delivery costs.
1. Member States shall ensure that the use of
Section 2: Commercial communications commercial communications which are part of,
or constitute, an information society service
Article 6. Information to be provided provided by a member of a regulated
profession is permitted subject to compliance
In addition to other information requirements with the professional rules regarding, in
established by Community law, Member States particular, the independence, dignity and
shall ensure that commercial communications honour of the profession, professional
which are part of, or constitute, an information secrecy and fairness towards clients and
society service comply at least with the following other members of the profession.
conditions:
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2. Without prejudice to the autonomy of paragraph 1. Member States shall submit to
professional bodies and associations, Member the Commission every five years a report on
States and the Commission shall encourage the application of paragraph 2 explaining the
professional associations and bodies to reasons why they consider it necessary to
establish codes of conduct at Community maintain the category referred to in paragraph
level in order to determine the types of 2(b) to which they do not apply paragraph 1.
information that can be given for the purposes
of commercial communication in conformity Article 10. Information to be provided
with the rules referred to in paragraph 1.
1. In addition to other information requirements
3. When drawing up proposals for Community established by Community law, Member
initiatives which may become necessary to States shall ensure, except when otherwise
ensure the proper functioning of the Internal agreed by parties who are not consumers, that
Market with regard to the information referred at least the following information is given by
to in paragraph 2, the Commission shall take the service provider clearly, comprehensibly
due account of codes of conduct applicable at and unambiguously and prior to the order
Community level and shall act in close being placed by the recipient of the service:
cooperation with the relevant professional
associations and bodies. a. the different technical steps to follow to
conclude the contract;
4. This Directive shall apply in addition to b. whether or not the concluded contract will
Community Directives concerning access to, be filed by the service provider and
and the exercise of, activities of the regulated whether it will be accessible;
professions. c. the technical means for identifying and
correcting input errors prior to the
Section 3: Contracts concluded by electronic placing of the order;
means d. the languages offered for the conclusion of
the contract.
Article 9. Treatment of contracts
2. Member States shall ensure that, except when
1. Member States shall ensure that their legal otherwise agreed by parties who are not
system allows contracts to be concluded consumers, the service provider indicates any
by electronic means. Member States shall in relevant codes of conduct to which he
particular ensure that the legal requirements subscribes and information on how those
applicable to the contractual process neither codes can be consulted electronically.
create obstacles for the use of electronic
contracts nor result in such contracts being 3. Contract terms and general conditions
deprived of legal effectiveness and validity on provided to the recipient must be made
account of their having been made by available in a way that allows him to store
electronic means. and reproduce them.
2. Member States may lay down that paragraph 4. Paragraphs 1 and 2 shall not apply to
1 shall not apply to all or certain contracts contracts concluded exclusively by exchange
falling into one of the following categories: of electronic mail or by equivalent individual
communications.
a. contracts that create or transfer rights in
real estate, except for rental rights; Article 11. Placing of the order
b. contracts requiring by law the
involvement of courts, public 1. Member States shall ensure, except when
authorities or professions exercising otherwise agreed by parties who are not
public authority; consumers, that in cases where the recipient
c. contracts of suretyship granted and on of the service places his order through
collateral securities furnished by persons technological means, the following principles
acting for purposes outside their trade, apply:
business or profession;
d. contracts governed by family law or by - the service provider has to acknowledge
the law of succession. the receipt of the recipient's order without
undue delay and by electronic means,
3. Member States shall indicate to the - the order and the acknowledgement of
Commission the categories referred to in receipt are deemed to be received when
paragraph 2 to which they do not apply
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the parties to whom they are addressed 1. Where an information society service is
are able to access them. provided that consists of the transmission in
a communication network of information
2. Member States shall ensure that, except when provided by a recipient of the service, Member
otherwise agreed by parties who are not States shall ensure that the service provider is
consumers, the service provider makes not liable for the automatic, intermediate and
available to the recipient of the service temporary storage of that information,
appropriate, effective and accessible technical performed for the sole purpose of making
means allowing him to identify and correct more efficient the information's onward
input errors, prior to the placing of the transmission to other recipients of the service
order. upon their request, on condition that:
3. Paragraph 1, first indent, and paragraph 2 a. the provider does not modify the
shall not apply to contracts concluded information;
exclusively by exchange of electronic mail or b. the provider complies with conditions on
by equivalent individual communications. access to the information;
c. the provider complies with rules regarding
Section 4: Liability of intermediary service the updating of the information, specified
providers in a manner widely recognised and used
by industry;
Article 12. “Mere Conduit” d. the provider does not interfere with the
lawful use of technology, widely
[Transmission, Provision of Access to recognised and used by industry, to obtain
Communication Network, Storage] data on the use of the information; and
e. the provider acts expeditiously to remove
1. Where an information society service is or to disable access to the information it
provided that consists of the transmission in has stored upon obtaining actual
a communication network of information knowledge of the fact that the information
provided by a recipient of the service, or the at the initial source of the transmission has
provision of access to a communication been removed from the network, or access
network, Member States shall ensure that the to it has been disabled, or that a court or
service provider is not liable for the an administrative authority has ordered
information transmitted, on condition that such removal or disablement.
the provider:
2. This Article shall not affect the possibility for a
a. does not initiate the transmission; court or administrative authority, in accordance
b. does not select the receiver of the with Member States' legal systems, of
transmission; and requiring the service provider to terminate or
c. does not select or modify the information prevent an infringement.
contained in the transmission.
Article 14. Hosting
2. The acts of transmission and of provision of
access referred to in paragraph 1 include the [Storage of information from and for recipient]
automatic, intermediate and transient storage
of the information transmitted in so far as this 1. Where an information society service is
takes place for the sole purpose of carrying provided that consists of the storage of
out the transmission in the communication information provided by a recipient of the
network, and provided that the information is service, Member States shall ensure that the
not stored for any period longer than is service provider is not liable for the information
reasonably necessary for the transmission. stored at the request of a recipient of the
service, on condition that:
3. This Article shall not affect the possibility for a
court or administrative authority, in accordance a. the provider does not have actual
with Member States' legal systems, of knowledge of illegal activity or
requiring the service provider to terminate or information and, as regards claims for
prevent an infringement. damages, is not aware of facts or
circumstances from which the illegal
Article 13. “Caching” activity or information is apparent; or
b. the provider, upon obtaining such
[Storage for onward transmission] knowledge or awareness, acts
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expeditiously to remove or to disable d. the communication to the Member States
access to the information. and the Commission, by trade,
professional and consumer associations or
2. Paragraph 1 shall not apply when the organisations, of their assessment of the
recipient of the service is acting under the application of their codes of conduct
authority or the control of the provider. and their impact upon practices, habits or
customs relating to electronic commerce;
3. This Article shall not affect the possibility for a e. the drawing up of codes of conduct
court or administrative authority, in accordance regarding the protection of minors and
with Member States' legal systems, of human dignity.
requiring the service provider to terminate or
prevent an infringement, nor does it affect the 2. Member States and the Commission shall
possibility for Member States of establishing encourage the involvement of associations or
procedures governing the removal or organisations representing consumers in
disabling of access to information. the drafting and implementation of codes
of conduct affecting their interests and
Article 15. No general obligation to monitor drawn up in accordance with paragraph 1(a).
Where appropriate, to take account of their
1. Member States shall not impose a general specific needs, associations representing the
obligation on providers, when providing the visually impaired and disabled should be
services covered by Articles 12, 13 and 14, to consulted.
monitor the information which they
transmit or store, nor a general obligation Article 17. Out-of-court dispute settlement
actively to seek facts or circumstances
indicating illegal activity. 1. Member States shall ensure that, in the event
of disagreement between an information
2. Member States may establish obligations for society service provider and the recipient of
information society service providers promptly the service, their legislation does not hamper
to inform the competent public authorities the use of out-of-court schemes, available
of alleged illegal activities undertaken or under national law, for dispute settlement,
information provided by recipients of their including appropriate electronic means.
service or obligations to communicate to the
competent authorities, at their request, 2. Member States shall encourage bodies
information enabling the identification of responsible for the out-of-court settlement of,
recipients of their service with whom they in particular, consumer disputes to operate in
have storage agreements. a way which provides adequate procedural
guarantees for the parties concerned.
CHAPTER III: IMPLEMENTATION
3. Member States shall encourage bodies
Article 16. Codes of Conduct responsible for out-of-court dispute settlement
to inform the Commission of the significant
1. Member States and the Commission shall decisions they take regarding information
encourage: society services and to transmit any other
information on the practices, usages or
a. the drawing up of codes of conduct at customs relating to electronic commerce.
Community level, by trade, professional
and consumer associations or Article 18. Court actions
organisations, designed to contribute to
the proper implementation of Articles 5 to 1. Member States shall ensure that court actions
15; available under national law concerning
information society services' activities allow for
b. the voluntary transmission of draft the rapid adoption of measures, including
codes of conduct at national or Community interim measures, designed to terminate any
level to the Commission; alleged infringement and to prevent any further
impairment of the interests involved.
c. the accessibility of these codes of conduct
in the Community languages by 2. The Annex to Directive 98/27/EC shall be
electronic means; supplemented as follows:
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“11. Directive 2000/31/EC of the European Article 20. Sanctions
Parliament and of the Council of 8 June 2000
on certain legal aspects on information society Member States shall determine the sanctions
services, in particular electronic commerce, in applicable to infringements of national provisions
the internal market (Directive on electronic adopted pursuant to this Directive and shall take
commerce) (OJ L 178, 17.7.2000, p. 1).” all measures necessary to ensure that they are
enforced. The sanctions they provide for shall be
effective, proportionate and dissuasive.
Article 19. Cooperation 1. Before 17 July 2003, and thereafter every two
years, the Commission shall submit to the
1. Member States shall have adequate means of European Parliament, the Council and the
supervision and investigation necessary to Economic and Social Committee a report on
implement this Directive effectively and shall the application of this Directive,
ensure that service providers supply them with accompanied, where necessary, by proposals
the requisite information. for adapting it to legal, technical and economic
developments in the field of information
2. Member States shall cooperate with other society services, in particular with respect to
Member States; they shall, to that end, appoint crime prevention, the protection of minors,
one or several contact points, whose details consumer protection and to the proper
they shall communicate to the other Member functioning of the internal market.
States and to the Commission.
2. In examining the need for an adaptation of this
3. Member States shall, as quickly as possible, Directive, the report shall in particular analyse
and in conformity with national law, provide the the need for proposals concerning the liability
assistance and information requested by of providers of hyperlinks and location tool
other Member States or by the services, "notice and take down"
Commission, including by appropriate procedures and the attribution of liability
electronic means. following the taking down of content. The
report shall also analyse the need for
4. Member States shall establish contact points additional conditions for the exemption from
which shall be accessible at least by electronic liability, provided for in Articles 12 and 13, in
means and from which recipients and service the light of technical developments, and the
providers may: possibility of applying the internal market
principles to unsolicited commercial
a. obtain general information on contractual communications by electronic mail.
rights and obligations as well as on the
complaint and redress mechanisms Article 22. Transposition
available in the event of disputes,
including practical aspects involved in the 1. Member States shall bring into force the laws,
use of such mechanisms; regulations and administrative provisions
b. obtain the details of authorities, necessary to comply with this Directive before
associations or organisations from which 17 January 2002. They shall forthwith inform
they may obtain further information or the Commission thereof.
practical assistance.
2. When Member States adopt the measures
5. Member States shall encourage the referred to in paragraph 1, these shall contain
communication to the Commission of any a reference to this Directive or shall be
significant administrative or judicial accompanied by such reference at the time of
decisions taken in their territory regarding their official publication. The methods of
disputes relating to information society making such reference shall be laid down by
services and practices, usages and customs Member States.
relating to electronic commerce. The
Commission shall communicate these Article 23. Entry into force
decisions to the other Member States.
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This Directive shall enter into force on the day o Four Key Proposals to boost cross-border e-
of its publication in the Official Journal of the commerce
European Communities.
1) A legislative proposal on addressing
Article 24. Addressees unjustified geo-blocking and other
forms of discrimination based on
This Directive is addressed to the Member nationality, place of residence, or place
States. of establishment within the Single
Market
Done at Luxemburg, 8 June 2000.
- To enable customers from the Member
VII. A Comprehensive Approach to Stimulating States to buy under the same conditions
Cross-Border E-Commerce for Europe’s as local customers
Citizens and Businesses
- This geo-blocking initiative covers
From the European Commission to the services included within the scope of the
European Parliament, European Council, and Services Directive and the e-Commerce
European Economic and Social Committee Directive, such as:
and Committee of the Regions o online and offline retail sales of
Dated 25 May 2016 goods
o electronically supplied services
It is a proposal of e-commerce measures to o giving access to non-audio-visual
achieve the rapid removal of barriers to cross- digital content (music, e-books,
border online activity in Europe. These software, games)
measures are: o tourism services
o entertainment
1. To prevent unjustified geo-blocking
o business services
2. To ensure better enforcement
3. To provide more competitively priced
o electronically supplied services
parcel delivery
4. To harmonise contract law rules (cloud services, data warehousing,
5. To simplify VAT website hosting, remote system
administration, installation of filters,
Context firewalls, banner-blockers) >
o EU Commission adopted a Strategy for a delayed application to allow service
providers to prepare for the changes
Digital Single Market and identified areas
where immediate action was required to
o services used or consumed by the
break down barriers to cross-border online
activity and to define an appropriate e- customer outside his own Member
commerce framework. State (eg concert tickets, rental of
accommodation)
o These areas are:
2) A legislative proposal proposing
1) Need to prevent discrimination or
measures in the area of parcel delivery
unjustified differentiated treatment of
purchasers based in different Member
- Significant variations in prices for parcel
States
delivery are sometimes without obvious
explanatory cost factors.
2) Need to build consumer trust in cross-
- Thus, there must be enhanced
border online sales by ensuring:
transparency in tariffs and terminal rates
- better enforcement of existing rules and
for cross-border parcel delivery services.
- the availability of affordable and high
- Competition should also be encouraged
quality cross-border parcel delivery
by requiring transparent and non-
services
discriminatory third party access to
cross-border parcel delivery services
3) Need to reduce transaction costs and
and/or infrastructure of universal service
other burdens:
providers.
- differences in contract law between
Member States
3) A legislative proposal revising the
- VAT related administrative burden
Regulation on Consumer Protection
Cooperation
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- Adopted in 2004 but a high level of non- applies where such third party
compliance with key consumer rules suppliers are traders
persists in the main online consumer 3. designing their web-structure in a
markets way that enables third party traders
- 37% of e-commerce or booking websites to present information to users in
do not respect basic consumer rights compliance with EU consumer and
marketing law
- Proposed new CPC Regulation will thus:
o Provide a strengthened and more - It clarifies that online platforms acting
efficient enforcement cooperation as a trader and engaging in B2C
framework that will increase legal commercial practices can be found in
certainty, especially for traders and breach of EU consumer and marketing
consumers active across borders law if they fail to comply with the
o Enable authorities, by means of professional diligence requirements and
additional powers, jointly to act consumers have been or are likely to be
faster to stop widespread online misled.
infringements > eg interim measures
to block infringing websites They cannot invoke the intermediary
o Provide a single procedure, liability exemption under the e-
coordinated by the Commission, Commerce Directive.
when the problems are of a Union
dimension > One stop shop - It considers the self-regulatory principles
approach on Comparison Tools endorsed by the
multi-stakeholder group. They
4) Guidance on the implementation and committed to be transparent on their
application of the Directive on Unfair business models and to adequately
Commercial Practices (UCPD) disclose their commercial ties with
- UCPD is key legal basis to ensure: (1) traders whose products are compared
that consumers are not misled or through their platforms.
exposed to aggressive marketing, and
(2) that commercial claims made by - It refers to the “Compliance Criteria” on
traders targeting consumers in the EU Environmental Claims agreed upon by
are clear, accurate, and substantiated the Multi-stakeholder Group to enforce
- It clarifies that any platform that qualifies the UCPD against misleading and
as a “trader” and engages in B2C unfounded environmental claims.
activities directly connected with the
promotion, sale, or supply of goods, - It clarifies the interplay between the
services, or digital content to UCPD and sector-specific pieces of EU
consumers, must ensure that its own law.
commercial practices fully comply with
the UCPD. Conditions for E-Commerce to Thrive
- It clarifies the interplay between the 1) Giving consumers and businesses (start-
UCPD and the e-Commerce Directive. ups and SMEs) better access to goods and
services offered online across Europe
Online platforms are under a
professional diligence duty to take How:
appropriate measures which (without a. Ban unjustified geo-blocking
amounting to a general obligation to - To make offers of traders in other
monitor or carry-out fact-finding) enable countries more visible, increase the
third party traders to comply with EU range of products to choose from, and
consumer and marketing law, and which increase the possibility to look for the
help users to understand with whom best offer when purchasing services and
they are concluding contracts. goods online
- To provide the opportunity for customers
The measures could imply: and businesses to benefit from greater
1. enabling third party traders to choice
indicate to users that they are
traders b. Lower cross-border delivery prices
2. indicating to consumers that EU - To ease the burden for traders to deliver
consumer and marketing law only goods outside their current reach
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- It is not to require the trader to deliver business models, especially in the
outside of current reach but to provide digital sector
the same delivery options offered to
local customers (eg deliver to address 3) Reducing transaction costs and
within the country; pickup at a collection administrative burden for businesses when
point) trading online across borders
Context
o Differences in contract law between Member
States are among the barriers to cross-border
e-commerce
o THUS, the Digital Single Market Strategy
announced proposals for simple and effective
cross-border contract rules for consumers and
businesses > by harmonising contract rules for
the supply of digital content and the online
sales of goods
Features
o They address real-life problems as identified
by stakeholders.
o They take into account the lessons learnt from
previous efforts to approximate contract laws.
They adopted a problem-focused, targeted
approach; they focus on a full harmonisation
of mandatory consumer rights. As Directives,
they leave Member States the freedom to
adapt the implementation to their national law.
o They strike an appropriate balance between a
high level of consumer protection at the EU
level and significantly increased opportunities
for businesses through full harmonisation.