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7 Apr 2001, USA

Dr. Ecommerce,

What are the regulating jurisdiction of ecommerce transactions. I understand that you have answered jurisdiction questions before, but what I am specifically asking is what are the rules of the E-commerce Directive, the Brussels Reg, and the Rome Convention, and how do each interac?. Also, what affect will the Hague Convention, under consideration, have on these?

Thanks,

R

 

Dear R:

I put your question to European policy bright-spark and E-policy News Editor Elina Kaartinen, who responds:

"1. "Brussels I" regulation

  • will enter into force 1 March 2002

  • Complete name: Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters (Official Journal L 12 of 16.1.2001) replaces (except for Denmark) the Brussels Convention of 27 September 1968 (N.B. A consolidated version of the Brussels Convention was published in 1998 in Official Journal C 27 of 26 1.1998).

  • Function: The regulation establishes common standards on jurisdiction and on the enforcement of judgements in civil and commercial matters.

  • Geographical implementation area: restricted in civil and commercial matter relationships between parties from EU Member States

Comparison (bit simplified): The Hague Convention is private international law and applicable also inside the European Union when parties in question are not only from EU Member States

2. Rome Convention

  • in force

  • Complete name: Rome Convention on the law applicable to contractual obligations (codified version published in the Official Journal C 27, 26.01.1998).

  • Function: Establishes common standards on on the law applicable to contractual obligations

  • Geographical implementation area: restricted in contractual obligations between parties from EU Member States

3. E-Commerce directive

  • has to be implemented by EU Member States into national legislations by 17.1.2002

  • hierarchically lower than regulation (e.g. can not contradict regulation or in case of contradiction, directive prevails)

  • Complete name: Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market

  • Function: The e-commerce directive aims to establish a coherent legal framework for the development of electronic commerce within the single market by ensuring that information society services benefit from the principles of free movement of services and freedom of establishment. The Directive covers all Information Society services: business-to-business as well as business-to-consumer; services provided free of charge to the recipient, e.g. funded by advertising or sponsorship revenue; and services allowing for on-line electronic transactions such as interactive tele-shopping of goods and services and on-line shopping malls.

The main provisions of the Directive include the following:

  • the principle of excluding prior authorisation in the pursuit of the activity of an information society service provider;

  • the requirement of general information to be provided to the recipients of the service in relation to the service provider;

  • the definition of the information to be provided;

  • unsolicited commercial communication should be clearly identifiable and opt-out registers should be consulted;

  • the freedom to provide an information society service by a regulated profession, be it with respect of professional ethics under professional codes;

  • removing restriction to electronic contracts;

  • the steps that establish a consumer contract, including the information to be provided and the placing of an order for a service;

  • exemption to a large extent of liability of intermediary service providers;

  • implementation of the Directive (e.g., out-of-court dispute settlement, court actions)

  • Geographical implementation area: EU Member States

More Information:
http://europa.eu.int/comm/internal_market/en/media/eleccomm/index.htm
http://europa.eu.int/ISPO/legal/en/ecommerc/ecommerc.html
http://europa.eu.int/comm/justice_home/unit/civil_en.htm
http://europa.eu.int/ISPO/ecommerce/legal/legal.html#frame
http://www.jura.uni-muenster.de/eclip/default.htm"

If you are interested in European Policy, I highly recommend E-Policy News as a means of keeping up to date.

Good Luck,

Dr. Ecommerce

copyright 1999-2001 Dr. Ecommerce