Commission adopts legal framework regarding electronic commerce
The European Commission has adopted a proposal for a Directive to establish a coherent legal framework for the development of electronic commerce within the Single Market. The Directive would ensure that information society services benefit from the Single Market principles of free movement of services and freedom of establishment and could provide their services throughout the European Union if they comply with the law in their country of origin. The services discussed here include services "such as those provided normally against remuneration, at a distance, by electronic means and in response to the individual request of a customer". The adopted Directive would establish specific harmonised rules only in those areas strictly necessary to ensure that businesses and citizens could supply and receive information society services throughout the EU, irrespective of frontiers. These areas include definition of where operators are established, electronic contracts, liability of intermediaries, dispute settlement and role of national authorities. In other areas, the Directive would build on existing EU instruments which provide for harmonisation or on mutual recognition of national laws. The Directive would apply only to service providers established within the EU and not those established outside. Single Market Commissioner Mario Monti said about the proposed Directive: "The Single Market's framework, combined with the Single Currency, provide the European Union with a unique opportunity to facilitate the development of electronic commerce. "Electronic commerce adds a new dimension to the Single Market for consumers in terms of easier access to goods and services of better quality and at lower prices. Electronic commerce will promote trade, stimulate innovation and competitiveness and create sustainable jobs. This proposal should ensure that the Union reaps the full benefit of electronic commerce by boosting consumer confidence and giving operators legal certainty, without excessive red tape." Strengthening enforcement mechanisms stimulates the development of a genuine Single Market based on mutual confidence between Member States. The proposed Directive would seek to do so by encouraging the development of codes of conduct at EU level, by stimulating administrative cooperation between Member States and by facilitating the setting up of effective, alternative cross-border dispute settlement systems.