Is Europe on the Right Track to Becoming Ready for E-Commerce? How Effective is Recent Regulation?
Is Europe on the Right Track to Becoming Ready for E-Commerce? How Effective is Recent Regulation?

Author: Sandra Vivian Wagner

Publisher: GRIN Verlag

Published: 2007-08

Total Pages: 101

ISBN-13: 3638733076

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Master's Thesis from the year 2004 in the subject Law - Media, Multimedia Law, Copyright, grade: first, distinction (mit Auszeic, University of Wales, Aberystwyth, course: LL.M. Programm, language: English, abstract: This Dissertation aims to assess the effectiveness and suitability of European regulation in respect to E-Commerce. Taking the European 'Lisbon Strategy' as set out in 2000 as a starting point, this paper examines whether Europe is on the right track to becoming "the most competitive and dynamic knowledge-based economy (...) by 2010". Hereby, the scope of this paper is limited to E-Commerce only as one essential part of a 'knowledge-based economy' and an 'e-ready' Europe. After outlining the special nature of E-Commerce, the rationale behind regulation and the historical background of European regulation in this field, this paper concentrates on four issues where the EU has become active in regulating E-Commerce, namely, the essential prerequisite of an existing 'e-infrastructure', e-signatures, privacy and consumer protection. The European approach to each of these issues is assessed to reveal its strengths and weaknesses. Moreover, this European way of regulating E-Commerce is then compared with other regulative attempts. Hereby, special attention is paid to the US approach to regulating E-Commerce which is mostly based on self-regulation. Thus, this paper comes to the conclusion that Europe is on the right track to becoming 'e-ready' in respect to E-Commerce. Basic regulatory decisions have the potential to lead in the right direction, although they do not always provide the most effective solution. Often European Directives do not reach far enough and are outdated. Thus, they do not address E-Commerce sufficiently, give too much discretion to the Member States and leave prevalent gaps or do not interoperate properly. Therefore, the European regulation on E-Commerce needs some revision and has to take some brave and innovative steps to establis

The New Legal Framework for E-Commerce in Europe
The New Legal Framework for E-Commerce in Europe

Author: Lilian Edwards

Publisher: Bloomsbury Publishing

Published: 2005-12-19

Total Pages: 546

ISBN-13: 1847312616

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This collection of essays by well known specialists in e-commerce and Internet law, drawn from both academe and practice, analyses recent crucial legislation which has created, for the first time, a legal regime governing European electronic commerce. The central focus is on the European Electronic Commerce Directive and its implementation in the UK since August 2002. The E-Commerce Directive develops a distinctive European strategy for regulating and promoting on-line business and the information society. Areas of the Directive analysed include contracting on-line, Internet service provider liability, consumer privacy including spam and 'cookies', country of origin regulation, and on-line alternative dispute resolution (ODR). Further chapters move beyond the Directive to discuss other important new laws in this domain, including the Privacy and Electronic Communications Directive, the Distance Selling Directives, the Electronic Money Directive, the Lawful Business regulations on employee surveillance, the disability discrimination rules affecting websites and the extension of VAT to on-line transactions. Both the European framework and the rules as implemented in the UK are examined and critiqued for how well they meet the needs of business and consumers.

None of Your Business
None of Your Business

Author: Peter P. Swire

Publisher: Rowman & Littlefield

Published: 2010-12-01

Total Pages: 281

ISBN-13: 0815718713

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The historic European Union Directive on Data Protection will take effect in October 1998. A key provision will prohibit transfer of personal information from Europe to other countries if they lack “adequate” protection of privacy. If enforced as written, the Directive could create enormous obstacles to commerce between Europe and other countries, such as the United States, that do not have comprehensive privacy statutes. In this book, Peter Swire and Robert Litan provide the first detailed analysis of the sector-by-sector effects of the Directive. They examine such topics as the text of the Directive, the tension between privacy laws and modern information technologies, issues affecting a wide range of businesses and other organizations, effects on the financial services sector, and effects on other prominent sectors with large transborder data flows. In light of the many and significant effects of the Directive as written, the book concludes with detailed policy recommendations on how to avoid a coming trade war with Europe. The book will be of interest to the wide range of individuals and organizations affected by the important new European privacy laws. More generally, the privacy clash discussed in the book will prove a major precedent for how electronic commerce and world data flows will be governed in the Internet Age.

Cross-border Dissemination of Online Content
Cross-border Dissemination of Online Content

Author: Mark D. Cole

Publisher:

Published: 2020

Total Pages: 280

ISBN-13: 9783848765010

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Can the rules of the European Union's E-Commerce Directive, which date back to the year 2000, continue to be valid with regard to the dissemination of content in view of the constantly evolving online environment and the changing role of platforms as a result of new business models? The relevant legal foundations in this respect at EU and national level are complex, and their interplay is often unclear. The resulting uncertainty about who is responsible and therefore liable for certain content requires a critical review of the current legal framework. This study, conducted by the Institute of European Media Law (EMR) on behalf of the State Media Authority NRW, analyses the current legal framework and reveals ways of enforcing the applicable provisions concerning illegal content. It pays special attention to the need for reform of the E-Commerce Directive in light of the changing role of platforms.

E-commerce Law and Practice in Europe
E-commerce Law and Practice in Europe

Author: Ian Walden

Publisher: Elsevier

Published: 2001-04-27

Total Pages: 686

ISBN-13: 1845699009

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With the massive explosion of e-commerce, and especially the use of the Internet as a transnational and instant medium for business transactions, has come a whole range of new laws and regulations - and, inevitably, a minefield of accompanying uncertainties and potential pitfalls. So what exactly are the legal issues companies need to address, and what are their implications in real terms for the business world? Find the answers in this groundbreaking study undertaken for the European Commission within the framework of the ECLIP project. With a brief to provide practical help for businesses and e-commerce initiatives, this series of cutting-edge reviews examines and evaluates the special rules designed to regulate the Internet - both at a European and at national level in the Member States. It also explains the relevant technological developments and evaluates them against the legal background. This is an essential guide for legal and corporate practitioners alike, as well as software developers and the consultancy community internationally. A publication of the ECLIP network

Regulating Digital Markets
Regulating Digital Markets

Author: Antonio Manganelli

Publisher: Springer Nature

Published: 2022-03-09

Total Pages: 214

ISBN-13: 303089388X

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This book illustrates the challenges that regulators and policy makers have faced in the transition from the ‘old’ network industries to the new digital ecosystem. It succinctly describes the evolution of digital economy, its main actors, notably global digital platforms, as well as its interactions, interdependences, and trade-offs. Eventually, it proposes insights about why public rules are needed, what kind of rules could be more effective, fair, and efficient, and who should pose and enforce them. The book is opened by an introduction, dealing with Digital Transformation, Big Techs, and Public Policies, which provides a general conceptual and thematic framework to the following analysis but could be also read as a stand-alone paper. The following chapters are grouped in two parts: I. The Evolution of Digital Markets and Digital Rights, and II. Regulating Big Tech’s Impact on Market and Society. The secondary title - the European approach – has a twofold meaning. It highlights the fact that this work has a clear focus on EU law and policy - although the economic and institutional issues addressed are global phenomena, common to all world’s economies. In addition, it also underlines that European digital policy is not yet complete and effective. This book intends to provide a small contribution to the ongoing policy making process, as well as to the wider academic and policy debate.

The New Legal Framework for E-commerce in Europe
The New Legal Framework for E-commerce in Europe

Author: Lilian Edwards

Publisher:

Published: 2005

Total Pages: 521

ISBN-13: 9781472563514

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This collection of essays by well known specialists in e-commerce and Internet law, drawn from both academe and practice, analyses recent crucial legislation which has created, for the first time, a legal regime governing European electronic commerce.

E-Commerce Law in China
E-Commerce Law in China

Author: Cristiano Rizzi

Publisher: Kluwer Law International B.V.

Published: 2013-09-01

Total Pages: 380

ISBN-13: 9041149112

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This first book of its kind examines the framework regulating online sales, protection of personal data and intellectual property, use of e-money, e-marketing, and Internet security as they currently exist in China’s “market space”. The book’s very useful information includes such items as the following: detailed comparisons with European e-commerce regulation; business models for operating a website in China; Chinese rules on online purchase contracts, privacy, and data security; downloading and distributing software and other material; protection against copyright infringements and computer fraud; issues of jurisdiction and governing law; advertising and “spam”; use of “cookies” in online marketing; taxation of e-commerce; existing gateways for online payment; effect of the expansion of the so-called social forums; understanding Chinese online consumers and their behavior; importance of Chinese culture and heritage when applying copyright on the Internet; and progress towards a freer and more secure cyberspace in China. An appendix presents English texts of essential Chinese legislation affecting e-commerce. As a full-fledged definition of this new channel of distribution, its boundaries and functioning, with a particular focus on China, this book is an indispensable source of guidance and reference for counsel representing global marketers at any level of business. Its importance for scholars and researchers in the critical field of data security goes without saying. However, this book is also a guide for all the enterprises wishing to do business in the online dimension in China, and for all the consumers shopping online, wishing to know what their rights are when buying products or services on the Internet, and to know how to protect themselves if something goes wrong.

The Role of the Postal and Delivery Sector in a Digital Age
The Role of the Postal and Delivery Sector in a Digital Age

Author: Michael A Crew

Publisher: Edward Elgar Publishing

Published: 2014-01-31

Total Pages: 355

ISBN-13: 1782546340

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This volume, the result of the 21st Conference on Postal and Delivery Economics (Ireland, 2013), describes the continuing problem of the decline of the postal sector in the face of electronic competition and offers strategies for the survival of mail s