Doing business over the Internet may raise a wide array of legal questions that can be crucial to the commercial success of the venture. e-Business Law of the European Union contains the text of the EU legislation which is of particular relevance to e- business, covering a broad spectrum of legal issues such as data protection, distance selling, electronic signatures, liability of online intermediates, electronic money, applicable law and jurisdiction in international disputes.
This publication combines the regulatory initiatives of the various directorates-general of the European Commission (which may also be found on their websites) in one convenient hardcopy volume, making it an essential reference book to any lawyer, business-executive or law student dealing with the legal aspects of e-business. The source materials selected for this publication are explained briefly in a short introductory chapter for those readers not already familiar with this exciting and dynamic subject matter.
This volume was put together by lawyers from various European offices of Allen & Overy who are part of Allen & Overy's cross-border CMT Group (Communications, Media & Technology). The CMT Group's truly international footprint, integrated approach and vast experience in each of the CMT sectors has made Allen & Overy one of the leading legal names in the field of e-business and ICT.
| Foreword | ||
| Preface | ||
| Selected Websites | ||
| Pt. I | Introduction | 1 |
| 1 | Electronic Commerce | 1 |
| 2 | Consumer Protection; Distance Selling | 7 |
| 3 | Copyrights, Database Rights and Similar Rights | 9 |
| 4 | Data Protection | 13 |
| 5 | Private International Law | 17 |
| 6 | Taxation | 19 |
| 7 | Electronic Money | 23 |
| 8 | Electronic Signatures | 25 |
| 9 | Conclusion | 27 |
| Pt. II | Source Materials | 29 |
| 1 | Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC | 31 |
| 2 | Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) | 43 |
| 3 | Proposal for a Directive of the European Parliament and of the Council of 3 June 2002 amending Council Directive 68/151/EEC, as regards disclosure requirements in respect of certain types of companies | 57 |
| 4 | Council Regulation (EC) No 792/2002 of 7 May 2002 amending temporarily Regulation (EEC) No 218/92 on administrative co-operation in the field of indirect taxation (VAT) as regards additional measures regarding electronic commerce | 63 |
| 5 | Council Directive 2002/38/EC of 7 May 2002 amending and amending temporarily Directive 77/388/EEC as regards the value added tax arrangements applicable to radio and television broadcasting services and certain electronically supplied services | 67 |
| 6 | Regulation (EC) No 733/2002 of the European Parliament and of the Council of 22 April 2002 on the implementation of the .eu Top Level Domain | 73 |
| 7 | Proposal for a Directive of the European Parliament and of the Council of 20 February 2002 on the patentability of computer-implemented inventions | 79 |
| 8 | Commission Decision of 27 December 2001 on standard contractual clauses for the transfer of personal data to processors established in third countries, under Directive 95/46/EC | 83 |
| 9 | Council Directive 2001/115/EC of 20 December 2001 amending Directive 77/388/EEC with a view to simplifying, modernising and harmonising the conditions laid down for invoicing in respect of value added tax | 93 |
| 10 | Commission Decision of 15 June 2001 on standard contractual clauses for the transfer of personal data to third countries, under Directive 95/46/EC | 101 |
| 11 | Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society | 113 |
| 12 | Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters | 127 |
| 13 | Directive 2000/46/EC of the European Parliament and of the Council of 18 September 2000 on the taking up, pursuit of and prudential supervision of the business of electronic money institutions | 139 |
| 14 | 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) | 145 |
| 15 | Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures | 165 |
| 16 | Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998 amending Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations | 175 |
| 17 | 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 | 181 |
| 18 | Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts | 191 |
| 19 | Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases | 201 |
| 20 | 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 | 211 |
| 21 | Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs | 233 |
| 22 | Convention on the law applicable to contractual obligations ("Rome Convention 1980") | 239 |
| Offices of Allen & Overy | 247 |
Overview
Doing business over the Internet may raise a wide array of legal questions that can be crucial to the commercial success of the venture. e-Business Law of the European Union contains the text of the EU legislation which is of particular relevance to e- business, covering a broad spectrum of legal issues such as data protection, distance selling, electronic signatures, liability of online intermediates, electronic money, applicable law and jurisdiction in international disputes.
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