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Chapter 7 covers consumer protection laws. It starts with consumer protection and unfair terms in consumer contracts. The second part analyses consumer protection in banking and financial services. The third part covers marketing laws while the last part is about consumer protection in jurisdiction and choice-of-law rules. Consumer law, unfair contractual terms, marketing law, unfair commercial practices.
Chapter 10 covers EU efforts in cybercrime regulation. Its first part is dedicated to the EU Council Cybercrime Treaty, to which the EU is a signatory. The second part is about attacks against information systems and security of information systems and the corresponding Directives. The final part is about regulation of harmful content including child pornography. Cybercrime, security of information systems, hacking, obscenity
Chapter 8 is a comprehensive overview of EU privacy laws. It includes both the old but still valid Data Protection Directive and the new General Data Protection Regulation (GDPR). The second part of the chapter covers data transfer to third states, data retention and the E-Privacy Directive. Privacy, data protection, GDPR, data transfer, data retention, e-privacy
This chapter is about electronic identity and its regulation. This has two manifestations. The first is digital identity, represented by the new Regulation covering digital identity, digital trust and digital signatures. The second is about e-money and payment services as an aspect of identity. Digital signatures, digital trust, digital identity, e-money
Arno R. Lodder
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