Arno R. Lodder (Vrije Universiteit Amsterdam) deals with the oldest extant e-commerce related directive, and arguably the most important one. Sometimes referred to as the mother directive, or framework directive. The directive discusses the establishment of information society service providers, for short e-commerce providers, and their exemption from liability. Other areas covered are, among others, information requirements, contractual aspects, commercial communications. Keywords: ISP liability, information society service providers, commercial communications, electronic contracting, information requirements
Tatiani Eleni Synodinou
Tatiani Synodinou (University of Cyprus) discusses this Directive on copyright and related rights in the information society, often referred to as the Information Society Directive. In 2002 Michel Vivant ended his chapter on this Directive with: ‘[the] most peculiar aspect is not, to my mind, the effect of harmonisation but the fact that it singularly avoids any harmonisation! (…) How then can this be a “single market” of Treaties when the rules are radically different? How can we play the same game when the teams do not use the same rules? “Much ado about... little”? Let us hope not!’1 The new chapter discusses the Directive and how it has evolved over the years and demonstrates the Directive did have impact. Keywords: Communication to the public, copyright, copyright exemptions, digital rights management 1 M. Vivant (2002), Chapter 5 Directive 2001/29, in: A.R. Lodder & H.W.K. Kaspersen (eds.), eDirectives, Kluwer Law International, 117.
Yin Harn Lee
Yin Harn Lee (Sheffield University) not only guides us through the articles of the Directive on the enforcement of intellectual property rights, but also provides an insightful analysis of the history behind this Directive. He discusses how the initial objectives gradually disappeared to the background and the Directive became the present often-debated regulatory instrument. Keywords: copyright, enforcement, intellectual property rights, trade marks
Giovanna De Minico and Miriam Viggiano
Giovanna De Minico (University of Naples “Federico II") and Miriam Viggiano (Italian Data Protection Authority) analyse the parts of the Services Directive relevant for e-commerce. The scope of this Directive is broad, as is clear from the statement in the opening recital: ‘The European Community is seeking to forge ever closer links between the States and peoples of Europe and to ensure economic and social progress.’The authors conclude that the Directive has not achieved its objectives, yet. Keywords: services, information requirements, cross-border
There is no business like e-business, a colleague used to say. The nature of money involved in doing business, online as well as offline, is becoming increasingly electronic. Christina Riefa (Brunel University) provides an insightful overview of the EU initiatives over the years addressing both e-money and payment services. The topic is complex, as for instance illustrated by the 117 Articles of Directive 2015/2366 on Payment Services, but clearly explained in this chapter. Keywords: e-money, payment services, financial services
Unlike the proposed Directive on, in particular conformity of goods, that only covers online trade,1 the Consumer Rights Directive 2011/83/EC covers both business with consumers on premises and at a distance, including online. Christiana Markou (European University, Cyprus) focuses on the parts relevant for e-commerce, and clearly discusses all the ins and outs. Keywords: consumer rights, information requirements, right of withdrawal, distance selling 1 Proposal for a Directive on certain aspects concerning contracts for the online and other distance sales of goods, 9.12.2015, COM/2015/0635 final.
As long ago as 2000, Article 17 of the e-commerce Directive, addressed out-of-court dispute settlements, including online dispute resolution. Some 13 years later the EU issued both a Directive on Alternative Dispute Resolution and a Regulation on Online Dispute Resolution. Pablo Cortes (Leicester University) addresses the requirements imposed upon providers of ADR services, and the electronic access to their services they should offer. In addition, the Regulation in which a platform on ODR is introduced is discussed. Keywords: ODR, ADR, ODR platform
The 28 mini markets, as the Member States in EU represent in communications and e-commerce, have particular impact in the entertainment industry, most predominantly in the music industry. Dinusha Mendis (Bournemouth University) takes us from the Paris café Ambassadeurs in 1847 to the present internet age. This Directive 2014 / 26 / EU on Collective Management of Copyright and Related Rights and Multi-Territorial Licensing of Rights in Musical Works for Online Use in the Internal Market, deals both with the organisations behind collective rights management as well as the related licenses. Keywords: copyright, licences, collective rights management,
Sonia Jozwiak-Gorny and Magdalena Jozwiak
Competition is a general EU topic that is not addressed in a particular Directive or Regulation related to e-commerce. There have been some high-profile competition cases over the years, including in the formative years the Microsoft Explorer and Windows Media Player cases, and in more recent year the Commission has focused its attention on various activities of the e-commerce giant Google. Magdalena anad Sonia Jozwiak (Vrije Universiteit Amsterdam, Polish Competition Authority) authored this chapter, which analyses this wide and complex area as it applies specifically to e-commerce. Keywords: competition law, antitrust law, google, microsoft