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Edited by Arno R. Lodder and Andrew D. Murray

For the last twenty years the European Union has been extremely active in the field of e-commerce. This important new book addresses the key pieces of EU legislation in the field of e-commerce, including the E-commerce Directive, the Services Directive, the Consumer Directive, the General Data Protection Regulation, and the eID Regulation. The latest in the Elgar Commentaries series, EU Regulation of E-Commerce is the first book to apply this well-established format to a dynamic and increasingly significant area of law.
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Edited by Arno R. Lodder and Andrew D. Murray

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Edited by Arno R. Lodder and Andrew D. Murray

This content is available to you

Edited by Arno R. Lodder and Andrew D. Murray

This content is available to you

Edited by Arno R. Lodder and Andrew D. Murray

This content is available to you

Arno R. Lodder and Andrew D. Murray

The editors of EU Regulation of E-Commerce: A Commentary, Arno R. Lodder and Andrew, introduce the European Union’s long history of investment in, encouragement for, and development of, electronic commerce and the strong, and mostly coherent, regulatory framework for the e-commerce sector. Besides this historical overview, they also discuss the move society has made from the physical to online and back again. Finally, all chapters contained in the book are briefly introduced. Keywords: EU policy, EU e-commerce, online, information society

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Andrew D. Murray

Since its inception as a stand-alone topic of scholarship in the 1990s, cyberlaw has been a study in regulatory theory. We have discussed systems of regulation and tools of regulatory enforcement. We have divided groups into techno-determinists and libertarians/communitarians and we have discussed effectiveness and legitimacy. The missing element of much cyberlaw study has been the law element. We have focused too extensively on the cyber and too little on the law. This chapter seeks to rebalance and refocus cyberlaw on the key element, the jurisprudential structure of cyberlaw, in particular to examine the question of the rule of law (or its absence) in cyberspace. In so doing it seeks to form the foundations of a cyberlaw jurisprudence by asking some difficult normative questions: Can a rule of law exist online? If so who is the legitimate lawmaker and what values are enshrined by cyberlaw? Keywords: rule of law; cyberlaw; jurisprudence; jurisdiction

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Andrew D. Murray