[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
[FYI] EU CEC on SPAM: OPT-OUT anstatt OPT-IN!?!
- To: debate@fitug.de
- Subject: [FYI] EU CEC on SPAM: OPT-OUT anstatt OPT-IN!?!
- From: Horns@t-online.de (nobody)
- Date: Wed, 01 Sep 1999 18:13:43 +0000
- Comment: This message comes from the debate mailing list.
- Organization: NONE
- Sender: owner-debate@fitug.de
http://europa.eu.int/comm/dg15/en/media/eleccomm/eleccomm.htm
--------------------------------------- CUT
----------------------------------
Media, Information Society & Data Protection Electronic
Commerce
Full text for downloading (PDF files, 105 KB - 373
KB)
Amended proposal for a coherent legal framework for
electronic commerce in the Single Market
An amended proposal for a Directive to establish a
coherent legal framework for electronic
commerce within the Single Market has been put forward
on 1 September 1999 by the
European Commission. The amended proposal takes into
account the favourable Opinion
from the European Parliament, adopted on the 6 May 1999,
on the original proposal that fully
supported the Commission's Single Market approach. A
number of clarifications have been
introduced in the amended proposal concerning 'inter
alia' definitions of Information Society
services and of consumers, the link between the
electronic commerce proposal and existing
consumer protection and data protection Directives, the
treatment of unsolicited commercial
communications via electronic mail and determination of
the moment when an on-line
contract is concluded. However, in order to preserve the
careful balance of interests featured
in the original proposal, the Commission has maintained
the proposed rules limiting the
liability of on-line service providers who act as
intermediaries.
The proposed Directive aims at establishing a coherent
legal framework for the development of
electronic commerce within the Single Market by ensuring
that information society services benefit from
the Single Market principles of free movement of
services and freedom of establishment. This would
allow operators authorised in one Member State to
provide services throughout the European Union
(EU). The proposed Directive establishes specific
harmonised rules only in a number of areas where this
appears necessary to ensure the functioning of the
Single Market and the protection of public interest
objectives such as consumer protection. These areas
include the definition of where operators are
established, commercial communications, electronic
contracts, liability of intermediaries and enforcement
of rights. In other areas, the Directive builds on
existing EU instruments which already provide for
harmonisation at Community level or on the mutual
recognition of national laws.
The European Parliament's Opinion supported the
Commission's initiative and in particular its Single
Market-based approach. The Parliament also suggested a
number of amendments, largely of a technical
nature, generally aiming at clarifying the Commission's
original proposal. The Commission's modified
proposal reflects a large number of these amendments.
The main substantive changes concern:
the definition of an "Information Society service"
(article 2 (a)) - a direct reference has been
introduced to the definition established in the
Directive on prior notification of draft technical
standards and regulations (Directive 98/34)
the definition of a "consumer" (article 2 (f)) - a
specific definition has been introduced in line with
that used in a number of existing Directives
the link between this proposal and existing
Directives on consumer protection and protection of
personal data (articles 5, 6, 7 and 22.1) - this
has been further clarified.
unsolicited commercial communications by e-mail
(article 7) - Member States would be obliged
to ensure that opt-out registers were made
available to consumers and consulted regularly by
service providers undertaking such unsolicited
commercial communications. This opens up a
pragmatic and workable solution to the problem of
unsolicited commercial communications
without prejudice to existing Directives.
on-line contracts (article 11(1)) - the criteria
which would establish the moment of conclusion of
certain on-line contracts have been clarified and
simplified.
The amended proposal for a Directive will be forwarded
to the European Parliament and the EU's
Council of Ministers for adoption under the co-decision
procedure.
Date: 1 September 1999
For further details: E4@dg15.cec.be
--------------------------------------- CUT
----------------------------------