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The New Legal Framework for E-Commerce in Europe
By
Lilian Edwards,
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.
Lilian Edwards is Co-Director of the
AHRC Centre for Research in Intellectual Property and Technology Law,
and a Senior Lecturer in Law at Southampton University.
contents
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? by
Charlotte Waelde 3
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 by
Lilian Edwards 31
3 Articles 9-11, ECD : contracting
electronically in the shadow of the e-commerce directive by Andrew D.
Murray 67
4 Articles 12-15 ECD : ISP liability :
the problem of intermediary service provider liability by Lilian
Edwards 93
5 Article 17 ECD : encouragement of
alternative dispute resolution : on-line dispute resolution : a view
from Scotland by Paul Motion 137
6 EC electronic money directive 2000 :
electronic money : the European regulatory approach by Andres
Guadamuz and John Usher 173
7 VAT on electronic services directive
2002/38/EC : amending VAT law for electronic transactions : a simple
choice for a simple tax? by Sandra Eden 203
8 Distance selling directive 1977 :
distance marketing of financial services directive 2002 : distance
marketing in the European Union by Annette Nordhausen 239
9 Telecommunications (lawful business
practice) (interception of communications) regulations 2000 :
workplace surveillance, privacy and new technologies by Jane
Fraser 277
10 Disability discrimination act 1995
: Web access and disability by Martin Sloan 291
App. 1 Electronic commerce directive
2000/31/EC 319
App. 2 Electronic commerce (EC
directive) regulations 2002, SI 2002/2013 335
App. 3 First report on the application
of the directive 2003/31/EC Brussels, 21.11.2003 COM(2003) 702
final 347
App. 4 Privacy and electronic
communications directive 2002/58/EC 373
App. 5 Privacy and electronic
communications (EC directive) regulations 2003, SI 2003/2426 385
App. 6 Electronic money directive
2000/46/EC 407
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