Legal aspects of Information Society services
A directive on electronic commerce that seeks to ensure the free movement of information society services between Member States thereby contributing to the proper functioning of the Internal Market has now entered into force. The directive, which began life as a Commission proposal, was approved by the European Parliament and Council on 8 June. It relates to the establishment of service providers, commercial communications, electronic contracts, the liability of intermediaries, codes of conduct, out-of-court dispute settlements, court actions and cooperation between Member States. Member States may not restrict the freedom to provide information society services from another Member State, and must ensure that service providers established on its territory comply with the national provisions in the Member State in question. The directive also outlines certain information requirements that Member States must require service providers to make available, including contact details, authorisation or regulation requirements and tax codes where necessary. Member States must also now ensure that their legal system allows contracts to be concluded by electronic means. Orders placed through electronic means must henceforth be acknowledged electronically by the recipient of the order, which will be deemed to have been received when the parties to whom they are addressed can access them. The Commission and Member States will encourage the drawing up of codes of conduct at Community level by trade, professional and consumer organisations. In the event of disagreement between service providers and service recipients, Member States should seek to ensure that legislation does not hamper out of court settlement schemes. Court measures should be designed to allow the rapid adoption of measures to prevent further alleged infringement. Sanctions will be determined at Member State level, and should be effective, proportionate and dissuasive. The Commission will review the application of the directive every two years, and will suggest, where appropriate, proposals for adapting it to legal, technical and economic developments.