The most important legal
documents for B2B e-commerce to consider are:
E-commerce Directive - establishes the
country of origin principle to ensure the free
movement of Information Society services
within the EU and provides the basis for the
legal validity of electronic contracts. It
also defines transparency obligations for
service operators, such as information
requirements on the identity of the service
provider, information requirements on prices
and information requirements on the terms and
conditions of the contract.
E -signatures Directive - creates a
harmonised framework for the use and the legal
validity of e-signatures.
Brussels Regulation - gives the option for
the parties to agree upon the competent court
for B2B cross border disputes.
Rome Convention - stipulates free choice
of law for B2B cross border transactions.
EU -
PRIVACY AND E-COMMUNICATIONS DIRECTIVE
EU directive on Privacy and Electronic Communications is due to take
effect. The EU directive on Privacy and Electronic Communications will
require marketers in member states to seek the consent of consumers before
sending direct marketing e-mail in most cases.
EU - Commission consultation on legal problems for e-business enterprises
The European Commission has launched an eight-week Internet consultation
on legal barriers that enterprises still encounter when using electronic
commerce and other electronic business applications. Such problems could
arise, for example, from divergent national legal provisions for
electronic invoicing or from a different legal treatment of online and
offline business. The Commission would be interested to learn more about
remaining practical reasons for not doing business electronically. This
consultation is open to all enterprises until 7 November 2003. The results
of this consultation will be presented and further discussed at a
conference in March/April 2004 in Brussels.
EU - EU
directive imposes VAT for foreign dot-coms
European companies have always added the tax to services and products they
sell, but foreign companies had, until now, been exempt, leading to an
advantage for non-European firms that European dot-coms lobbied the EU to
have removed.
IT - Soon a self-regulation code on the internet
The Code of Self-regulation for the protection and the defence of minors
from the dangers of the Internet will be presented soon. This was
announced by the Communication Minister, Maurizio Gasparri, during a
meeting organised by 'Telefono Azzuro' on "The child subject of rights and
protagonist of choices". Thus, after the self regulation code for the
television, also the text of a code for the Internet will be completed.
"The work group composed by providers and association. We have been
working for six months", the Minister said. However it will be very
difficult to obtain the respect of the new code, as "controlling the net
is, for its intrinsic characteristics, more difficult than controlling the
television", Gasparri added, saying he was impressed by what the head of
the Authority, Stefano Rodotà, said about a World Constitution for the
Internet. "Of course what Rodotà said is a desirable but not definitive
goal - Gasparri noted - what could happen is only one country does not
accept it?"
E-ADVERTISING STANDARD
The AdsML Consortium is promoting a global standard for exchange of
digital information for all types of advertising. The objective it to
shorten deadlines and time to market, save time and money, improve
communication, reduce errors, enhance business relationships and create
new business opportunities.
SCIENTISTS AGAINST NEW EU PATENT LAW
Last week, 30 authoritative scientists and software innovators from all
over Europe signed a petition against the proposed new EU Directive on
Patent Law. In their letter to members of the European Parliament they
argue that allowing for patents on computer programs will seriously harm
innovation in information technology and endanger the future of the
European Union.
Literally they write: "Acceptance of patentability of algorithms, of
principles of software, of information processing methods or of data
structures is scandalous from the view point of ethics, economically
unjustified and harmful, would impact adversely scientific and technical
innovation, and puts democracy at danger."
The petition arrives just in time to influence the vote in the
Parliamentary Committee on Legal Affairs and the Internal Market (JURI),
on 28 April. Previous votes in the parliamentary committee on Industry,
External Trade, Research and Energy (ITRE) and the committee on Culture,
Youth, Education, Media and Sport (CULT) showed a majority against the
proposals from the European Commission. A previous petition for the public
at large, organised by the Eurolinux Alliance, drew 140.000 signatures
against patents on computer programs. Public consultation by the European
Commission itself showed 90 percent of the answers against the proposal.
In spite of all that, a majority in the JURI committee seems to be in
favour of the proposed new Directive, pushed hard by its rapporteur Arlene
McCarthy. Members of the European Parliament are organising a hearing for
owners of small and medium-size companies on 8 May, while Eurolinux and
the German-based lobby group FFII are organising a very interesting
conference, starting on 7 May with a keynote by Lawrence Lessig, followed
by a dialogue with Brian Kahin.
Open
meeting on e-business standards
The European committee for standardisation (CEN) and the information
society standardisation system (ISSS) will hold an open meeting on
e-business standards on 28 April in Brussels.
At the meeting, a report and a roadmap on the key priorities for
standardisation in the e-business field for the period 2003 to 2005 will
be presented. The report has been prepared by a focus group, coordinated
by CEN/ISSS and supported by the European Commission's Enterprise DG
within the framework of eEurope and standardisation support activities.
Data Source Provider : CEN/ISSS
Contact Person : For further information, please visit: http://www.cenorm.be/isss
Telework:
First EU framework agreement for Telework
Representatives from the European Trade Union Confederation (ETUC), the
Union of Industrial and Employers' Confederations of Europe (UNICE), the
European Association of Craft, Small and Medium-Sized Enterprises (UEAPME)
and the European Centre of Enterprises with Public Participation (CEEP)
signed on 16 July 2002 an agreement on telework. This agreement aims at
establishing basic conditions for the approximately 4.5 million employees
currently teleworking in the European Union
The novelty of the agreement is that for the first time an EU framework
agreement signed by ETUC, UNICE/UEAPME and CEEP will be implemented by
their members, rather than by European legislation. The telework agreement
is the first agreement to be implemented through the voluntary route
foreseen in article 139 of the EU Treaty and negotiations were opened
following on an official consultation of the social partners by the
European Commission on the modernisation of employment relations.
The agreement includes a definition for telework and aims at establishing
common basic conditions for teleworkers on a European level. It highlights
key areas requiring adaptation or specific attention when working away
from the employer’s premises, such as data protection, privacy, health and
safety, work organisation, training, etc. The telework agreement also
stresses that Europe must encourage the development of telework in
such a way that flexibility and security go together and that the
quality of jobs is enhanced, if it wants to make the most of the
information society,
acknowledges that telework is a way of organising work which can
correspond to companies’ and workers’ needs,
covers different forms of telework but is limited to regular
telework in the context of an employment contract or relationship,
is based on the recognition that teleworkers benefit from the same
protection as employees working at the employers premises,
In terms of procedures, it
contains a commitment of the members ETUC, UNICE/UEAPME and CEEP to
implement the agreement in accordance with the practices specific to
management and labour in the Member States ,
leaves the choice of the tools and procedures of implementation to
the members of the signatory parties in accordance with national
practices,
includes a procedure for reporting on the actions taken to implement
the agreement,
foresees a possibility to review the agreement after five years if
one of the signatory parties so requests,
invites member organisations in candidate countries to also
implement the agreement.
