The New Legal Framework For E-commerce In Europe

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Format: Paperback
Pub. Date: 2005-12-30
Publisher(s): Hart Publishing
List Price: $100.26

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Summary

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.

Author Biography

Lilian Edwards is Professor of Law, Innovation and Society at Newcastle Law School.

Table of Contents

Preface v
Contributor Biographies xiv
Table of Cases
xix
Part I The Electronic Commerce Directive
1(170)
ECD: Internal Market Clause
3(28)
International Private Law, Consumers and the Net: A Confusing Maze or a Smooth Path Towards a Single European Market?
Charlotte Waelde
ECD; Privacy and Electronic Communications Directive 2002
31(36)
Canning the Spam and Cutting the Cookies: Consumer Privacy On-line and EU Regulation
Lilian Edwards
ECD
67(26)
Contracting Electronically in the Shadow of the E-Commerce Directive
Andrew D Murray
ECD: ISP Liability
93(44)
The Problem of Intermediary Service Provider Liability
Lilian Edwards
ECD: Encouragement of Alternative Dispute Resolution
137(34)
On-line Dispute Resolution: A View From Scotland
Paul Motion
Part II Other European and Uk E-Commerce Legislation
171(334)
EC Electronic Money Directive 2000
173(30)
Electronic Money: The European Regulatory Approach
Andres Guadamuz
John Usher
VAT on Electronic Services Directive 2002/38/EC
203(36)
Amending VAT Law for Electronic Transactions: A Simple Choice for a Simple Tax?
Sandra Eden
Distance Selling Directive 1977; Distance Marketing of Financial Services Directive 2002
239(38)
Distance Marketing in the European Union
Annette Nordhausen
Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000
277(14)
Workplace Surveillance, Privacy and New Technologies
Jane Fraser
Disability Discrimination Act 1995
291(214)
Web Access and Disability
Martin Sloan
APPENDICES
Key: European legislation
UK implementation
Electronic Commerce Directive 2000/31/EC
319(16)
Electronic Commerce (EC Directive) Regulations 2002, SI 2002/2013
335(12)
First Report on the Application of the Directive 2000/31/EC Brussels, 21.11.2003 COM(2003) 702 final
347(26)
Privacy and Electronic Communications Directive 2002/58/EC
373(12)
Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426
385(22)
Electronic Money Directive 2000/46/EC
407(6)
The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2002, SI 2002 No. 682
413(12)
VAT on Electronic Services Directive 2002/38/EC
425(8)
Parts of Regulation No 792/2002
433(6)
Distance Selling Directive 1997/7/EC
439(6)
Distance Marketing of Financial Services Directive 2002/65/EC
445(10)
Consumer Protection (Distance Selling) Regulations 2000, SI 2000/2334
455(20)
Financial Services (Distance Marketing) Regulations 2004, SI 2004 No. 2095
475(26)
Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000, SI 2000/2699
501(4)
Disability Discrimination Act, Part III 505(10)
Index 515

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