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28 May 2001, Poland

Dear Dr. Ecommece:

When is the ownership of goods transferred in an e-commerce transaction? What about liability during transport to the customer?

What new laws concerning e-commerce will be in force in the near
future ?

Thanks,

Raf

Dear Raf:

I put this question to my lawyer and she responds, in her lawerly
way:

"The E-Commerce Directive and Community legislation in general
does not specify at what time an electronic contract is considered
to be concluded. As you know, the question of when a contract is
concluded, can have an influence on when ownership of the goods
or liability are transferred from the seller to the buyer. It is
therefore up to Member States' laws when a contract is deemed to be concluded and therefore also when the ownership of the goods or liability for the transport is transferred. I'm afraid you have to be
aware of the different regulations in the 15 Member States and I
don't think that there will be any further harmonisation in the nearer
future on this very tricky point."

Good luck,

Dr. Ecommerce