e commerce directive citation

No changes have been applied to the text. [10] An information society service is established in the EU when it effectively pursues an economic activity using a fixed establishment for an indefinite period of time. 3. Where an information society service is provided that consists of the storage of information provided by a recipient of the service, Member States shall ensure that the service provider is not liable for the information stored at the request of a recipient of the service, on condition that:(a) the provider does not have actual knowledge of illegal activity or information and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or information is apparent; or(b) the provider, upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information.2. For the last twenty years the European Union has been extremely active in the field of e-commerce. Directive) Regulations 2001, Defence in Criminal Proceedings: burden of proof, Notice for the purposes of actual knowledge. (18) Information society services span a wide range of economic activities which take place on-line; these activities can, in particular, consist of selling goods on-line; activities such as the delivery of goods as such or the provision of services off-line are not covered; information society services are not solely restricted to services giving rise to on-line contracting but also, in so far as they represent an economic activity, extend to services which are not remunerated by those who receive them, such as those offering on-line information or commercial communications, or those providing tools allowing for search, access and retrieval of data; information society services also include services consisting of the transmission of information via a communication network, in providing access to a communication network or in hosting information provided by a recipient of the service; television broadcasting within the meaning of Directive EEC/89/552 and radio broadcasting are not information society services because they are not provided at individual request; by contrast, services which are transmitted point to point, such as video-on-demand or the provision of commercial communications by electronic mail are information society services; the use of electronic mail or equivalent individual communications for instance by natural persons acting outside their trade, business or profession including their use for the conclusion of contracts between such persons is not an information society service; the contractual relationship between an employee and his employer is not an information society service; activities which by their very nature cannot be carried out at a distance and by electronic means, such as the statutory auditing of company accounts or medical advice requiring the physical examination of a patient are not information society services. Without prejudice to the autonomy of professional bodies and associations, Member States and the Commission shall encourage professional associations and bodies to establish codes of conduct at Community level in order to determine the types of information that can be given for the purposes of commercial communication in conformity with the rules referred to in paragraph 13. Directive as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18). . The Department of Trade and Industry has already . Exclusions 4. Spatial Planning and Land Use Management Act means the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013); Virginia Stormwater Management Act means Article 2.3 ( 62.1-44.15:24 et seq.) article 1 of the e-privacy directive says only that: " this directive provides for the harmonisation of the national provisions required to ensure an equivalent level of protection of fundamental rights and freedoms, and in particular the right to privacy and confidentiality, with respect to the processing of personal data in the electronic (22) Information society services should be supervised at the source of the activity, in order to ensure an effective protection of public interest objectives; to that end, it is necessary to ensure that the competent authority provides such protection not only for the citizens of its own country but for all Community citizens; in order to improve mutual trust between Member States, it is essential to state clearly this responsibility on the part of the Member State where the services originate; moreover, in order to effectively guarantee freedom to provide services and legal certainty for suppliers and recipients of services, such information society services should in principle be subject to the law of the Member State in which the service provider is established. 2. DIRECTIVE 2000/31/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) 17.7.2000 EN Official Journal of the European Communities L 178/1 I (Acts whose publication is obligatory) 4. (14) The protection of individuals with regard to the processing of personal data is solely governed by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(19) and Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector(20) which are fully applicable to information society services; these Directives already establish a Community legal framework in the field of personal data and therefore it is not necessary to cover this issue in this Directive in order to ensure the smooth functioning of the internal market, in particular the free movement of personal data between Member States; the implementation and application of this Directive should be made in full compliance with the principles relating to the protection of personal data, in particular as regards unsolicited commercial communication and the liability of intermediaries; this Directive cannot prevent the anonymous use of open networks such as the Internet. Directive as last amended by Directive 95/26/EC (OJ L 168, 18.7.1995, p. This Article shall not affect the possibility for a court or administrative authority, in accordance with Member States' legal systems, of requiring the service provider to terminate or prevent an infringement.Article 13"Caching"1. It establishes harmonized rules on issues such as the transparency and information requirements for online service providers; commercial communications; and electronic contracts and limitations of liability of intermediary service providers. Derogations to this principle are possible on a strict case-by-case basis under the conditions set out in Article 3 e-Commerce Directive, also referred to as the notification mechanism. (24) In the context of this Directive, notwithstanding the rule on the control at source of information society services, it is legitimate under the conditions established in this Directive for Member States to take measures to restrict the free movement of information society services. The Directive sets out basic requirements on mandatory consumer information, steps to follow in online contracting and rules on commercial communications. Member States and the Commission shall encourage: (a) the drawing up of codes of conduct at Community level, by trade, professional and consumer associations or organisations, designed to contribute to the proper implementation of Articles 5 to 15; (b) the voluntary transmission of draft codes of conduct at national or Community level to the Commission; (c) the accessibility of these codes of conduct in the Community languages by electronic means; (d) the communication to the Member States and the Commission, by trade, professional and consumer associations or organisations, of their assessment of the application of their codes of conduct and their impact upon practices, habits or customs relating to electronic commerce; (e) the drawing up of codes of conduct regarding the protection of minors and human dignity. In addition to other information requirements established by Community law, Member States shall at least ensure that, where information society services refer to prices, these are to be indicated clearly and unambiguously and, in particular, must indicate whether they are inclusive of tax and delivery costs.Section 2: Commercial communicationsArticle 6Information to be providedIn addition to other information requirements established by Community law, Member States shall ensure that commercial communications which are part of, or constitute, an information society service comply at least with the following conditions:(a) the commercial communication shall be clearly identifiable as such;(b) the natural or legal person on whose behalf the commercial communication is made shall be clearly identifiable;(c) promotional offers, such as discounts, premiums and gifts, where permitted in the Member State where the service provider is established, shall be clearly identifiable as such, and the conditions which are to be met to qualify for them shall be easily accessible and be presented clearly and unambiguously;(d) promotional competitions or games, where permitted in the Member State where the service provider is established, shall be clearly identifiable as such, and the conditions for participation shall be easily accessible and be presented clearly and unambiguously.Article 7Unsolicited commercial communication1. Health and Human Services Commission or HHSC means the administrative agency established under Chapter 531, Texas Government Code, or its designee. (19) The place at which a service provider is established should be determined in conformity with the case-law of the Court of Justice according to which the concept of establishment involves the actual pursuit of an economic activity through a fixed establishment for an indefinite period; this requirement is also fulfilled where a company is constituted for a given period; the place of establishment of a company providing services via an Internet website is not the place at which the technology supporting its website is located or the place at which its website is accessible but the place where it pursues its economic activity; in cases where a provider has several places of establishment it is important to determine from which place of establishment the service concerned is provided; in cases where it is difficult to determine from which of several places of establishment a given service is provided, this is the place where the provider has the centre of his activities relating to this particular service. Article 6 of Directive 2000/31/EC on electronic commerce (E-commerce Directive) requires EU member states to ensure that commercial communications which are part of, or constitute, an information society service comply with certain conditions. Acting in accordance with the procedure laid down in Article 251 of the Treaty(3). (22) Information society services should be supervised at the source of the activity, in order to ensure an effective protection of public interest objectives; to that end, it is necessary to ensure that the competent authority provides such protection not only for the citizens of its own country but for all Community citizens; in order to improve mutual trust between Member States, it is essential to state clearly this responsibility on the part of the Member State where the services originate; moreover, in order to effectively guarantee freedom to provide services and legal certainty for suppliers and recipients of services, such information society services should in principle be subject to the law of the Member State in which the service provider is established. (9) The free movement of information society services can in many cases be a specific reflection in Community law of a more general principle, namely freedom of expression as enshrined in Article 10(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, which has been ratified by all the Member States; for this reason, directives covering the supply of information society services must ensure that this activity may be engaged in freely in the light of that Article, subject only to the restrictions laid down in paragraph 2 of that Article and in Article 46(1) of the Treaty; this Directive is not intended to affect national fundamental rules and principles relating to freedom of expression. E-commerce originated in a standard for the exchange of business documents, such as orders or invoices, between suppliers and their business customers. Page 325-328. Where appropriate, to take account of their specific needs, associations representing the visually impaired and disabled should be consulted.Article 17Out-of-court dispute settlement1. Member States and the Commission shall encourage:(a) the drawing up of codes of conduct at Community level, by trade, professional and consumer associations or organisations, designed to contribute to the proper implementation of Articles 5 to 15;(b) the voluntary transmission of draft codes of conduct at national or Community level to the Commission;(c) the accessibility of these codes of conduct in the Community languages by electronic means;(d) the communication to the Member States and the Commission, by trade, professional and consumer associations or organisations, of their assessment of the application of their codes of conduct and their impact upon practices, habits or customs relating to electronic commerce;(e) the drawing up of codes of conduct regarding the protection of minors and human dignity.2. The Commission then has the right to receive information and assess the justification of the measure. Paragraph 1 shall be without prejudice to authorisation schemes which are not specifically and exclusively targeted at information society services, or which are covered by Directive 97/13/EC of the European Parliament and of the Council of 10 April 1997 on a common framework for general authorisations and individual licences in the field of telecommunications services(28). The Electronic Commerce Directive (ECD) is a piece of EU legislation that provided an exclusion from host state regulation for on-line activities provided from one EEA state to a person in another EEA state. (50) It is important that the proposed directive on the harmonisation of certain aspects of copyright and related rights in the information society and this Directive come into force within a similar time scale with a view to establishing a clear framework of rules relevant to the issue of liability of intermediaries for copyright and relating rights infringements at Community level. Do Platforms Have to Screen All Uploaded Content? Member States shall ensure that their legal system allows contracts to be concluded by electronic means. It ensures that providers of online services are subject to the law of the Member State in which they are established and not the law of the Member States where the service is accessible. (39) The exceptions to the provisions concerning the contracts concluded exclusively by electronic mail or by equivalent individual communications provided for by this Directive, in relation to information to be provided and the placing of orders, should not enable, as a result, the by-passing of those provisions by providers of information society services. Member States shall ensure, except when otherwise agreed by parties who are not consumers, that in cases where the recipient of the service places his order through technological means, the following principles apply:- the service provider has to acknowledge the receipt of the recipient's order without undue delay and by electronic means,- the order and the acknowledgement of receipt are deemed to be received when the parties to whom they are addressed are able to access them.2. (3) Opinion of the European Parliament of 6 May 1999 (OJ C 279, 1.10.1999, p. 389), Council common position of 28 February 2000 (OJ C 128, 8.5.2000, p. 32) and Decision of the European Parliament of 4 May 2000 (not yet published in the Official Journal). The E-Commerce Directive should be updated to give greater protection to those cloud providers in situations where they lack knowledge of their customers' processing. (7) OJ L 172, 4.7.1988, p. 1. [16], Articles 5-11 of the e-Commerce Directive set out some of the basic requirements for online services, which include requirements for commercial communications, requirements for electronic contracts and information obligations towards consumers.[17]. [2] At that time, legal boundaries to cross-border online services were still largely prevalent, which resulted in a lack of legal certainty for online services. (31) Member States which allow the sending of unsolicited commercial communications by electronic mail without prior consent of the recipient by service providers established in their territory have to ensure that the service providers consult regularly and respect the opt-out registers in which natural persons not wishing to receive such commercial communications can register themselves. Reshaping the VAT rules for the Digital World - the 2021 e-commerce VAT package. Recital 18 adds that when a service is free to the consumer, that does not mean that it falls outside the scope of the e-Commerce Directive in so far as it represents an "economic activity [] such as those offering on-line information or commercial communications, or those providing tools allowing for search, access and retrieval of data". (c) does not select or modify the information contained in the transmission. Member States shall indicate to the Commission the categories referred to in paragraph 2 to which they do not apply paragraph 1. Until very recently, these rules applied horizontally to all sorts of illegal content, including copyright infringements, hate . Member States shall ensure that, except when otherwise agreed by parties who are not consumers, the service provider makes available to the recipient of the service appropriate, effective and accessible technical means allowing him to identify and correct input errors, prior to the placing of the order. This distinction is important as it clarifies that criminal liability would require actual knowledge whereas civil liability would solely require constructive knowledge. In the UK, the relevant provisions that . The eCommerce Directive applies to 'information society services'. (7) OJ L 250, 19.9.1984, p. 17. UCITS Directive means Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities, as amended; Civil Service Commission means the commission required under Section 5 of Article XI of the Michigan Constitution of 1963. Each Member State shall ensure that the information society services provided by a service provider established on its territory comply with the national provisions applicable in the Member State in question which fall within the coordinated field. (10) In accordance with the principle of proportionality, the measures provided for in this Directive are strictly limited to the minimum needed to achieve the objective of the proper functioning of the internal market; where action at Community level is necessary, and in order to guarantee an area which is truly without internal frontiers as far as electronic commerce is concerned, the Directive must ensure a high level of protection of objectives of general interest, in particular the protection of minors and human dignity, consumer protection and the protection of public health; according to Article 152 of the Treaty, the protection of public health is an essential component of other Community policies. This Directive shall not apply to:(a) the field of taxation;(b) questions relating to information society services covered by Directives 95/46/EC and 97/66/EC;(c) questions relating to agreements or practices governed by cartel law;(d) the following activities of information society services:- the activities of notaries or equivalent professions to the extent that they involve a direct and specific connection with the exercise of public authority,- the representation of a client and defence of his interests before the courts,- gambling activities which involve wagering a stake with monetary value in games of chance, including lotteries and betting transactions.6. Directive as last amended by Directive 92/96/EC. Member States shall ensure that court actions available under national law concerning information society services' activities allow for the rapid adoption of measures, including interim measures, designed to terminate any alleged infringement and to prevent any further impairment of the interests involved.2. (14) OJ L 166, 11.6.1998, p. 51. This Article shall not affect the possibility for a court or administrative authority, in accordance with Member States' legal systems, of requiring the service provider to terminate or prevent an infringement, nor does it affect the possibility for Member States of establishing procedures governing the removal or disabling of access to information. The main objective of the Directive is to bolster the single market by ensuring the free movement of so-called "information society services" (ISSs) across the EEA and to encourage greater use of e-commerce by clarifying the rights and obligations of businesses and consumers. [3] In order to address this issue, as well as promote electronic commerce in the EU and enhance competitiveness of European service providers, the e-Commerce Directive was adopted in 2000. INTRODUCTION 719 II. Directive as last amended by Directive 95/26/EC (OJ L 168, 18.7.1995, p. 7). This AD was prompted by a report of cracks found in the fastener holes at a certain location in the center wing box rear spar, lower skin. 6. General information to be provided by a person providing an information society. After describing the main elements of EU Directive 2000/31/CE on electronic commerce, the article elaborates a critical analysis of its impact on EU Member States legal orders in the aim of verifying how the objective of enhancing the functioning of the EU Internal Market has been achieved. Use quotation marks to search for an "exact phrase". "Article 19Cooperation1. This Directive shall apply in addition to Community Directives concerning access to, and the exercise of, activities of the regulated professions. 25 November 1999. This Directive does not establish additional rules on private international law nor does it deal with the jurisdiction of Courts. (56) As regards the derogation contained in this Directive regarding contractual obligations concerning contracts concluded by consumers, those obligations should be interpreted as including information on the essential elements of the content of the contract, including consumer rights, which have a determining influence on the decision to contract. and it is envisaged that IaaS providers conforming to the code will be able to cite their . (46) In order to benefit from a limitation of liability, the provider of an information society service, consisting of the storage of information, upon obtaining actual knowledge or awareness of illegal activities has to act expeditiously to remove or to disable access to the information concerned; the removal or disabling of access has to be undertaken in the observance of the principle of freedom of expression and of procedures established for this purpose at national level; this Directive does not affect Member States' possibility of establishing specific requirements which must be fulfilled expeditiously prior to the removal or disabling of information. This is a list of experimental features that you can enable. Service providers hosting illegal need to remove it or disable access to it as fast as possible once they are aware of the illegal nature it. Paragraph 1 shall not apply when the recipient of the service is acting under the authority or the control of the provider. 2. (4) It is important to ensure that electronic commerce could fully benefit from the internal market and therefore that, as with Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities(4), a high level of Community integration is achieved. Member States shall not impose a general obligation on providers, when providing the services covered by Articles 12, 13 and 14, to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity.2. Those origins date to the 1948-49 Berlin blockade and airlift with a system of ordering goods primarily via telex. Extract. Adopted nearly 20 years ago, the E-Commerce Directive sets up liability exemptions for hosting companies for content that users share on their networks. If the next citation is to the same piece of legislation, simply put 'ibid' with a . The E-Commerce Directive was transposed into domestic law by the Electronic Commerce (EC Directive) Regulations 2002, SI 2002/2013 (the 2002 Regulations). 2. Airworthiness Directive or AD - A document issued by the AAA having jurisdiction over the Engines, identifying an unsafe condition relating to such Engines and, as appropriate, prescribing inspections and the conditions and limitations, if any, under which the Engines may continue to operate. When Member States adopt the measures referred to in paragraph 1, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. Member States shall encourage bodies responsible for the out-of-court settlement of, in particular, consumer disputes to operate in a way which provides adequate procedural guarantees for the parties concerned. Online sales of products are growing by 22% per year. Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects on information society services, in particular electronic commerce, in the internal market (Directive on electronic commerce) (OJ L 178, 17.7.2000, p. Directive as last amended by Directive 92/96/EC. Health and Safety Plan means a documented plan which addresses hazards identified and includes safe work procedures to mitigate, reduce or control the hazards identified; the Council Regulation means Council Regulation (EC) No.1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No.1260/1999(5); Biological safety cabinet means a containment unit suitable for the preparation of low to moderate risk agents where there is a need for protection of the product, personnel, and environment, according to National Sanitation Foundation (NSF) Standard 49. Member States may take measures to derogate from paragraph 2 in respect of a given information society service if the following conditions are fulfilled: (i) necessary for one of the following reasons: - public policy, in particular the prevention, investigation, detection and prosecution of criminal offences, including the protection of minors and the fight against any incitement to hatred on grounds of race, sex, religion or nationality, and violations of human dignity concerning individual persons. Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') OJ L 178, 17.7.2000, p. 1-16 (ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV) (12) It is necessary to exclude certain activities from the scope of this Directive, on the grounds that the freedom to provide services in these fields cannot, at this stage, be guaranteed under the Treaty or existing secondary legislation; excluding these activities does not preclude any instruments which might prove necessary for the proper functioning of the internal market; taxation, particularly value added tax imposed on a large number of the services covered by this Directive, must be excluded form the scope of this Directive. Into Europe harmonised rules on issues such as: it also enhances cooperation. 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