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Internet and Electronic Commerce Law in the European Union - John Dickie

Internet and Electronic Commerce Law in the European Union

Paperback Published: 1st August 1999
ISBN: 9781841130316
Number Of Pages: 256

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This book outlines and analyses the legislative activity of the Union in an area which is currently experiencing exponential growth in terms of both commercial activity and legal significance. The scope of the book is current, pending and proposed Internet-related law on contracts, copyright, data protection, commercial communications, financial services, electronic cash and electronic signatures. John Dickie argues that the Union is in the process of displacing Member State autonomy in the regulation of the Internet. Within that frame, it is argued that there is a lack of focus on the individual in the electronic marketplace and a lack of co-ordination between relevant legislative instruments. This book will be of interest to all those engaged with Union and Internet law, including lawyers, policy-makers and academics.

the book provides a valuable overview of European Union's Internet and e-commerce law...the book can be recommened as a 'rough guide' to Internet and Electronic Commerce Law in the European Union. Kamiel J Koelman, University of Amsterdam Digital Technology Law Journal July 2001 the book heralds a new line of European legal literature John Dickie masterly puts the legal aspects of the Information Society and electronic commerce in a nutshell. It is recommended for all those interested in the future. Georgios I. Arnokouros European Review of Private Law September 2002 .the beginner will find a well-structured introduction to the legal areas important to e-commerce law, while the advanced reader will be stimulated to deepen his knowledge and to catch up with the latest developments. Toralf Noeding Communications Law Journal September 2002 Dickie marshals his evidence meticulously and makes his points carefully, illustrating them with examples of case law. Roger Whitehead eComWatch 1 September 2002 ..an excellent book... the most comprehensive published discussion of the important laws addressing e-commerce issues emerging from the European Union to datean essential tool for scholars, business planners, and consumer advocates interested in the field. James P Nehf Columbia Law Review September 2002 ..lawyers wanting an introduction to a complex and confusing area before monitoring specific European developments will find this book very useful. Simon Stokes Computer Law and Security Report September 2002 This book will be of interest to all those engaged with Union and Internet law, whether from an academic, commercial or policy perspective. The Review Editor European Sources Online September 2002 After reading this book, one definitely realises the importance of e-commerce and the need to control unwanted activities. The author has vividly portrayed the significant contribution made by the Community in solving this problem. Aashit Shah European Intellectual Property Review September 2002 a valuable tool to get an overview of the initiatives taken on a European level to create a legal framework for electronic commerce. Rob van Esch, University of Leiden EDI Law Review February 2003

Abbreviationsp. x
Table of Casesp. xi
Table of Legislationp. xv
Table of Treaties and Conventionsp. xxi
Introductionp. 1
The Nature and Growth of Electronic Commercep. 1
Legal Issues in Electronic Commercep. 2
Community Regulation of Electronic Commercep. 3
Community Activity in a Global Contextp. 6
Financial Services and Taxationp. 9
Draft Directive on the Distance Marketing of Financial Servicesp. 9
Draft Directives on Electronic Money Institutionsp. 13
Electronic Payment Systemsp. 15
Paying Across Borders Within the Communityp. 17
Connected Lender Liabilityp. 18
Tax Lawp. 19
Goods or services?p. 20
Import and exportp. 20
Draft Directive on Electronic Commercep. 23
Establishment and Information Requirementsp. 24
Commercial Communicationsp. 25
Electronic Contractsp. 27
Liability of Intermediariesp. 29
Implementation and Enforcementp. 30
Derogationsp. 32
The Advisory Committeep. 34
Cryptography and the Draft Directive on Electronic Signaturesp. 35
Functioning of Electronic Signaturesp. 35
Draft Directive on Electronic Signaturesp. 36
Copyrightp. 43
Introductionp. 43
Draft Directive on Copyright in the Information Societyp. 45
Right of communication to the publicp. 46
Distribution rightp. 47
Exceptions to the restricted acts in Articles 2 and 3p. 47
Technological measures and rights-management informationp. 49
Sanctions and remediesp. 50
Application over timep. 50
Amendments to prior Directivesp. 51
Conditional Access Servicesp. 51
In generalp. 51
Directive on Conditional Access Servicesp. 52
Data Protectionp. 55
Introductionp. 55
Directive on Data Protectionp. 56
Transfers of Data to Third Countriesp. 63
Commercial Communicationsp. 65
Commission Initiativesp. 65
Treaty Rules on Free Movement of Goods and Servicesp. 68
The Directive on Misleading Advertisingp. 69
Consumer Protection and Conflicts of Lawp. 73
Directive on Unfair Terms in Consumer Contractsp. 73
Directive on Consumer Guaranteesp. 78
Directive on Cross-border Injunctionsp. 81
Conflicts of Lawp. 84
Jurisdiction over contractsp. 84
Choice of law in contractsp. 85
Express choice of lawp. 85
No choice of law clausep. 87
Jurisdiction over non-contractual disputesp. 88
The Directive on Distance Contractsp. 91
Introductionp. 91
Definitionsp. 91
"Consumer"p. 91
"Distance contract"p. 92
Exclusionsp. 93
Mandatory Naturep. 94
Prior Informationp. 94
Written Confirmation of Informationp. 95
Right of Withdrawalp. 96
Restrictions on the Use of Distance Communicationp. 98
Enforcementp. 98
Transpositionp. 100
Conclusions: Foci and Futuresp. 101
Future Directionsp. 104
A Traditional Legal Framework for Electronic Commerce or a "Brave New World"?p. 109
Concluding Summaryp. 111
Glossaryp. 113
Directive 97/7 on the protection of consumers in respect of distance contractsp. 115
Proposal for a European Parliament and Council Directive on certain legal aspects of electronic commerce in the internal marketp. 129
Useful Web Addressesp. 151
Indexp. 153
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9781841130316
ISBN-10: 1841130311
Audience: BAC
Format: Paperback
Language: English
Number Of Pages: 256
Published: 1st August 1999
Publisher: HART PUB
Country of Publication: GB
Dimensions (cm): 23.5 x 15.88  x 1.27
Weight (kg): 0.25
Edition Number: 1