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This book explores the legal position of electronic contracting in Europe and the development of treatment and acceptance of electronic contracting trough changes in legislation and jurisprudence. The path to acceptance of electronic contracting was different in common law and civil law jurisdictions, therefore an in-depth review of the developments in Great Britain and German is examined. The supranational EU legislation, as a compromise between the solutions existing in the Member States, had a notable impact on the development of e-contract law and progressive unification of rules is noteworthy as a new common model of a framework for e-contracting.
Compares the legislative frameworks in the EU, US, China and International Organisations applicable to e-commerce and highlights the main legal obstacles to the development of electronic contracts and signatures, as well as Internet jurisdiction and online dispute resolutions.
The use of electronic commerce in international trade is growing by leaps and bounds. No one can dispute the need for a system of rules to guide countries as well as private commercial parties through the many new developments and issues that arise. The United Nations Convention on the Use of Electronic Communications in International Contracts (ECC), adopted by the United Nations General Assembly in December 2005 and currently undergoing the ratification process, provides such a system. This book is a guide and resource on the Convention: its evolution, interpretation, and relationship to domestic laws throughout the world.The book represents the outcome of a conference held at the Leibniz University of Hannover in September 2007. It consists of an introduction to the drafting of the Convention, expert commentary on each article, and perspectives in the context of domestic and substantive law. A distinguished panel of authorities representatives of governments, international organizations, transnational companies, and universities, as well as practising attorneys, all of whom have been active domestically and internationally in confronting the legal issues of electronic commerce discuss such aspects of the ECC as the following: timing of dispatch and receipt of electronic communications; transactions related to the financial sector; altering the scope of the Convention by contract; 'opting in' and 'opting out'; 'choice of law' versus 'party autonomy'; use of foreign case law to interpret the Convention; legal information requirements; writing and signature requirements; error in electronic communications; and problems of identity and data integrity.Several authors provide in-depth analysis of the interaction between ECC provisions and other relevant legal regimes (including the United States, ASEAN, the EU, Sri Lanka, India, and China), as well as the interrelations between the ECC and ICC rules, rules under the CISG, and the trade usages of the lex mercatoria.The various contributors highlight issues arising from each ECC provision, and provide well-informed insight into how remaining problems are likely to be resolved as the Convention enters into force. Stakeholders from all concerned sectors of the legal community businesspersons and their counsel, IGO and government officials, and academics will benefit greatly from the detailed information, analysis, and guidance offered here.
This unique text deals with the most important legal areas for e-commerce related business in most of the member states in Europe as well as the USA. Topics that are dealt with include: contract law, consumer protection, intellectual property law, unfair competition, antitrust law, liability of providers, money transactions, privacy and data protection.
In order to ensure a consistent and high level of protection of the rights and freedoms of natural persons with regard to the processing of such data and to remove the obstacles to flows of personal data in all Member States of the EU, the “General Data Protection Regulation (GDPR)” was adopted in 2016. Today, the GDPR is the main legislation in the EU for the protection of personal data of the natural persons. Due to the increased value of personal data in EU Member States, the objective of the GDPR is to provide high level protection of the data while harmonizing data protection within the EU. Even though it aims at a high level of data protection, it is questionable whether it actually achieves this objective. Since the natural persons provide their personal data on Internet frequently in order to purchase a product, the protection of consumers’ personal data is a significant matter in practice. In order to throw light on this matter, this thesis inquires the protection of consumers’ data in the EU regarding electronic contracts with businesses. Within the context, the main point that is discussed in this work is whether the personal data protection provided under the GDPR is sufficient to protect consumers' data regarding electronic contracts with businesses and some possible solutions and proposals to reduce the deficiencies of the GDPR protection.
The year 2000 was when the European Union issued its E-commerce Directive. This directive regulates and facilitates e-commerce in the internal market by laying down a clear and general legal framework favorable for business organizations as well as protecting the interests of consumers. This book analyzes the consequences of the legal framework for business organizations involved with e-commerce in Europe.
THE DIGITAL ENVIRONMENT HAS NO BOUNDARIES. A new business model, product or technological service emerges all the time. Along with the facilitation and solutions brought by technological development, new problems, conflicts and litigation in social and economic relations also arise. Laws of several countries are not often able to keep up with the digital dynamism. Furthermore, there is not a consensus in international trade organisations on the concept of digital services and electronic commerce. That is the scenario in which the European Union has constantly developed rules to regulate the digital environment, ensuring and combining legal security and standardisation of rules with the practical advantages of these new social and trade relations, stimulating innovation and economic growth. While the WTO and the OECD have not reached a consensus on this matter, the EU has been influencing rules around the world and adding chapters on electronic commerce to its deep integration trade agreements with third countries. The book analyses EU regulations regarding the online environment such as personal data protection, electronic commerce, electronic contract, electronic signature and identification, advertising, digital services, consumer rights, and taxation. It addresses several decisions made by the Court of Justice and national courts of the EU. The influence of the EU in Mercosur is demonstrated through the analysis of laws and jurisprudence of Mercosur countries.
This book outlines and analyses the legislative activity of the Union in terms of Internet and Electronic Commerce Law.