基本説明
The central focus is the key provisions of the EC E-Commerce Directive.
Full Description
This collection of essays by well known specialists in e-commerce and Internet law, drawn from both academe and practice, analyses recent crucial legislation which has created, for the first time, a legal regime governing European electronic commerce. The central focus is on the European Electronic Commerce Directive and its implementation in the UK since August 2002. The E-Commerce Directive develops a distinctive European strategy for regulating and promoting on-line business and the information society. Areas of the Directive analysed include contracting on-line, Internet service provider liability, consumer privacy including spam and 'cookies', country of origin regulation, and on-line alternative dispute resolution (ODR). Further chapters move beyond the Directive to discuss other important new laws in this domain, including the Privacy and Electronic Communications Directive, the Distance Selling Directives, the Electronic Money Directive, the Lawful Business regulations on employee surveillance, the disability discrimination rules affecting websites and the extension of VAT to on-line transactions.
Both the European framework and the rules as implemented in the UK are examined and critiqued for how well they meet the needs of business and consumers.
Contents
PART I THE ELECTRONIC COMMERCE DIRECTIVE
1. Article 3, ECD: Internal Market Clause
International Private Law, Consumers and the Net: A Confusing Maze or a Smooth Path Towards a Single European Market?
Charlotte Waelde
2. Articles 6-7, ECD; Privacy and Electronic Communications Directive 2002
Canning the Spam and Cutting the Cookies: Consumer Privacy On-line and EU Regulation
Lilian Edwards
3. Articles 9-11, ECD
Contracting Electronically in the Shadow of the E-Commerce Directive
Andrew D Murray
4. Articles 12-15 ECD: ISP Liability
The Problem of Intermediary Service Provider Liability
Lilian Edwards
5. Article 17 ECD: Encouragement of Alternative Dispute Resolution
On-line Dispute Resolution: A View From Scotland
Paul Motion
PART II OTHER EUROPEAN AND UK E-COMMERCE LEGISLATION
6. EC Electronic Money Directive 2000
Electronic Money: The European Regulatory Approach
Andres Guadamuz and John Usher
7. VAT on Electronic Services Directive 2002/38/EC
Amending VAT Law for Electronic Transactions: A Simple Choice for a
Simple Tax?
Sandra Eden
8. Distance Selling Directive 1977; Distance Marketing of Financial Services
Directive 2002
Distance Marketing in the European Union
Annette Nordhausen
9. Telecommunications (Lawful Business Practice) (Interception of
Communications) Regulations 2000
Workplace Surveillance, Privacy and New Technologies
Jane Fraser
10. Disability Discrimination Act 1995
Web Access and Disability
Martin Sloan
