Edirectives : Guide to European Union Law on E-Commerce: Commentary on the Directives on Distance Selling, Electronic Signatures, Electronic Commerce, - Arno R. Lodder

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Edirectives

Guide to European Union Law on E-Commerce: Commentary on the Directives on Distance Selling, Electronic Signatures, Electronic Commerce,

By: Arno R. Lodder

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Hardcover | 30 January 2002

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Commentary on the Directives on Distance Selling, Electronic Signatures, Electronic Commerce, Copyright in the Information Society, and Data Protection

The enhancement of e-commerce is one of the important policy issues in the European Union. To this purpose the laws of the EU Member States should be further harmonised. The European Union has adopted a number of Directives relating to different aspects of e-commerce which should be implemented in the laws of the Member States.

eDirectives: Guide to European Union Law on E-commerce provides article-by-article comments on four Directives central to the regulation of electronic commerce in the European Union (EU), viz. 97/7/EC on distance selling; 1999/93/EC on electronic signatures; 2000/31/EC on electronic commerce; and, 2001/29/EC on copyright in the information society.

In addition, a separate chapter deals with e-commerce and privacy protection, while the opening chapter discusses all other EU initiatives relevant for the regulation of e-commerce.

This volume is meant as comprehensive legal source of e-commerce legislation for both academics (LLM-students and academic staff) and practitioners (attorneys, company lawyers, consultants).

It is not only of interest for readers in the EU-Member States (because their national law is or is about to be adapted to the EU Directives), but also for readers in aspirant Member States of the EU, as well as for readers in other countries where e-commerce has emerged, like the Unites States of America.

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Non-Fiction Business & Management Business Aspects of E-Commerce Law Laws of Specific Jurisdictions IT & Communications Law Computing & I.T.Information Technology General Issue Legal Aspects of IT Company Law Commercial Law International Law

Intellectual Property Law

Preface	p. v
Summary of contents	p. vii
Detailed table of contents	p. ix
Introduction	p. 1
What is e-commerce?	p. 2
Types of electronic commerce	p. 3
The EU and e-commerce regulation	p. 4
E-money and financial services	p. 5
E-Tax	p. 6
Jurisdiction	p. 7
Miscellany	p. 7
Structure of the book	p. 8
Directive 97/7/EC on the protection of consumers in respect of distance contracts	p. 11
Introduction	p. 11
Article 2--Definitions	p. 12
Article 3--Exemptions	p. 13
Articles 4 and 5--Transparency rights of the consumer	p. 14
The reason for the transparency provisions	p. 14
The point at which the information must be given	p. 14
The manner in which the information must be given	p. 15
Prior information-information to be given at the outset	p. 16
Information which must be confirmed	p. 16
Article 6--Right of withdrawal	p. 17
Article 7--Performance	p. 24
Article 8--Payment by card	p. 26
Articles 9 and 10--Unsolicited supply and contact	p. 26
Articles 11, 12 and 17--Access to justice, enforcement and consumer redress	p. 27
Enforcement	p. 27
Standing for consumer organisations?	p. 28
Access to justice, out of court settlement and EEJ-net	p. 29
Burden of proof	p. 30
Contracting-out	p. 30
Articles 13 and 14--Lex specialis and higher consumer protection standards	p. 30
Articles 15 and 18--Entry into force and implementation deadline	p. 30
Concluding remarks	p. 31
Directive 1999/93/EC on a Community framework for electronic signatures	p. 33
Introduction	p. 33
Terminology	p. 33
Crytography policy	p. 34
First national legislative initiatives	p. 36
The preparation of the Directive	p. 37
Standardisation	p. 39
Article 1--Scope of the Directive	p. 40
Article 2--Definitions	p. 42
(Advanced) electronic signature	p. 42
Certificates and certification services	p. 44
The certification services market--Articles 3(1 -3, 7) and 4(1)	p. 45
Free circulation of certification services	p. 45
No prior authorisation	p. 47
Voluntary accreditation	p. 47
Supervision	p. 51
Electronic signature products--Articles 3(4-6) and 4(2)	p. 52
Free circulation of electronic signature products	p. 52
Secure signature-creation devices	p. 52
Secure signature-verification devices	p. 54
Article 5--Legal effects of electronic signatures	p. 55
Article 6--Liability	p. 57
Qualified certificate	p. 57
Issued to the public	p. 58
'Guaranteed to the public'	p. 58
Claimant ('relying party')	p. 59
Liability causes	p. 59
Reasonable reliance	p. 60
Absence of negligence	p. 61
Limitation of liability	p. 61
Articles 7-15--Other provisions	p. 63
Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market	p. 67
Introduction	p. 67
General provisions	p. 69
Article 1--Objective and scope	p. 69
Article 2--Definitions	p. 71
Article 3--Internal market	p. 74
Establishment and information requirements	p. 76
Article 4--Principle excluding prior authorisation	p. 76
Article 5--General information to be provided	p. 77
Commercial communications	p. 78
Article 6--Information to be provided	p. 78
Article 7--Unsolicited commercial communications	p. 79
Article 8--Regulated professions	p. 81
Online contracts	p. 81
Article 9--Treatment of contracts	p. 82
Article 10--Information to be provided	p. 83
Article 11--Placing of the order	p. 85
Liability of intermediary service providers	p. 86
Article 12--'Mere conduit'	p. 87
Article 13--'Caching'	p. 87
Article 14--Hosting	p. 88
Article 15--No general obligation to monitor	p. 89
Codes of conduct and dispute settlement	p. 90
Article 16--Codes of conduct	p. 90
Article 17--Out-of-court dispute settlements	p. 91
Article 18--Court actions	p. 91
Cooperation and sanctions	p. 92
Article 19--Cooperation	p. 92
Article 20--Sanctions	p. 92
Articles 21-24--Final provisions	p. 92
Concluding remarks	p. 93
Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society	p. 95
Article 1--Scope	p. 95
Objective	p. 95
Scope	p. 98
Article 2--Reproduction right	p. 98
Article 3--Communication to the public	p. 101
Article 4--Distribution right	p. 103
Article 5--Exceptions and limitations	p. 105
General observations	p. 106
Specific commentaries	p. 107
Exceptions to reproduction right	p. 107
Exceptions to different rights	p. 109
Right of distribution	p. 111
Valuation	p. 111
Article 6--Technological measures	p. 112
Article 7--Rights-management information	p. 113
Articles 8-15--Common provisions	p. 115
Concluding observations	p. 116
Data protection and e-commerce	p. 119
Data protection and data protection instruments	p. 119
Directive 95/46/EC	p. 121
History and Implementation	p. 121
Scope	p. 121
Elaboration of the data protection principles	p. 123
Other safeguards	p. 125
The Telecommunications directive 97/66/EC	p. 126
History and implementation	p. 126
Scope	p. 127
Relation to Directive 95/46/EC	p. 128
The obligations under Directive 97/66/EC	p. 129
Proposal for amendment of Directive 97/66/EC	p. 133
History and background of the proposal	p. 133
New definitions	p. 133
New important elements in the Directive	p. 134
Conclusion	p. 135
Some specific aspects of data protection in e-commerce	p. 136
Particular Privacy risks in e-commerce	p. 136
Traffic data	p. 137
Cookies	p. 138
E-mail directories	p. 140
Spam (unsolicited communications)	p. 141
E-mail systems	p. 142
Remedies: Anonymity/pseudonymity?	p. 142
Concluding observations	p. 144
Directive 97/7/EC	p. 147
Directive 1999/93/EC	p. 155
Directive 2000/31/EC	p. 165
Directive 2000/29/EC	p. 183
The authors	p. 197
Index	p. 201
Table of Contents provided by Syndetics. All Rights Reserved.

Edirectives

Guide to European Union Law on E-Commerce: Commentary on the Directives on Distance Selling, Electronic Signatures, Electronic Commerce,

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