EU: E-commerce proposals circulated

The European Commission has now published its draft directive on e-commerce. The proposal aims to eliminate legal obstacles to the on-line provision of services, and builds upon the Commission’s 1997 Communication on electronic commerce (“A European initiative on electronic commerce” COM(97)157 final, 16.4.97). However, Consumer Affairs Commissioner Emma Bonino and her single market counterpart Mario Monti are in significant disagreement over the proposals. A draft policy statement from Commissioner Bonino argues that customers should have the right to seek legal redress in the country in which they live when contractual disagreements arise over goods and services bought over the Internet. In contrast to this, Monti’s draft directive on e-commerce calls for internet service providers and other companies conducting business online to comply with the laws in the country from where the goods were supplied. Commissioner Monti claims that this would rid companies of the need to employ lawyers to ensure they were complying with the legal obligations in each of the 15 member states. A similar disagreement is holding up the draft Council resolution on the consumer in the information society (see below).

Barbara Roche, the UK’s telecommunications minister, has launched Net Benefit, the government’s strategy for the development of electronic commerce. The aim is to promote e-commerce by removing unnecessary barriers, promoting international co-operation and ensuring equal treatment for electronic and conventional business. It aims to offer 25% of government services electronically by 2001.