Home > NGO Romania > Information Society > Characteristics > e-Commerce

Electronic Commerce

The Union's approach to the development of electronic commerce is based on four key fields of action :

• improving the conditions of access to infrastructures and services (price, availability), in particular through the streamlining of R&D efforts and the development of interoperability; standards, implementation of international agreements;

• developing a coherent, Community-wide statutory and regulatory framework, with the aim of ensuring operator confidence and free access to the market (in particular electronic payment, remotely negotiated contracts, intellectual property rights, conditional access services, digital signatures, a list of fields where initiatives might be necessary);

• making enterprises and consumers aware of the possibilities offered by electronic commerce, by means of schemes providing training and information, demonstrating and promoting best practice, development of electronic public procurement;

• developing international co-operation and negotiations (especially in terms of data security and data protection, intellectual property rights, taxation, interoperability, the fight against organized crime).

Legal framework for electronic commerce

The general legal framework for electronic commerce is the subject of a proposal for a directive. It covers all electronic services relating to goods and services intended for both enterprises and consumers, including in particular on-line newspapers and video on demand.

The proposal seeks to prohibit any specific approval system for operators and to eliminate any bans or restrictions on the conclusion of electronic contracts (complementing the provisions concerning electronic signatures).

On the other hand, the Member States remain free to impose restrictions needed for the protection of the public interest, but only after notifying such measures to the Commission and to the Member State where the service provider is established, so that they can check that the measures are justified and allow the possibility of appeal.

The proposal also provides for the introduction by the national authorities of suitable systems of judicial appeal and penalties for infringements.

So far as operators are concerned, under the proposal they are subject to the laws of the country in which they exercise their activity (regardless of the location of the web site). They are also required to make available to customers allcommercial information allowing them to be identified.

Finally, it encourages the drawing up of codes of conduct and administrative co-operation between the Member States.

Electronic signatures

A proposal for a directive establishes the principle of legal recognition for electronic signatures equivalent to that for hand-written signatures, including in a court of law.

To this end, it defines a set of common rules designed to ensure the security and reliability of electronic signatures through the provision of certificates issued by certification services.

These relate in particular to the essential requirements applying to certificates and to the suppliers of certification services, the extent of whose liability is defined by the directive.

The proposal also prohibits the national authorities from making certification services subject to prior authorization. They may nevertheless introduce or maintain voluntary accreditation systems designed to raise the level of service.

The directive also contains provisions on the protection of personal data.

It also provides for the recognition, under certain conditions, of certificates issued by third countries and authorizes the Commission to embark on international co-operation.

Encryption

Guidelines aimed at promoting the development of a European industry of cryptographic products and services for encryption have been presented by the Commission in a communication.

In particular, the Commission invites Member States to ensure that national restrictions on encryption are no more restrictive than is necessary to achieve the aim of public security, to reach a common position for proposal in the international arena and to develop police co-operation with a view to combating electronic crime.

Electronic money

The recommendation.

They concern the provision of a minimum of information on the conditions applicable to transactions, the obligations and responsibilities of users and issuers, and procedures for the settlement of disputes.

A more binding instrument could be adopted if the Commission deems the application of the recommendation to be unsatisfactory.

Institutions

Two joint action program presented in connection with police and judicial co-operation between the EU Member States seeks to make fraud and counterfeiting in electronic means of payment a criminal offence in all member countries and to define the measures to be taken at national level.