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.
PART I THE ELECTRONIC COMMERCE DIRECTIVE 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? Charlotte Waelde 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 Lilian Edwards 3. Articles 9-11, ECD Contracting Electronically in the Shadow of the E-Commerce Directive Andrew D Murray 4. Articles 12-15 ECD: ISP Liability The Problem of Intermediary Service Provider Liability Lilian Edwards 5. Article 17 ECD: Encouragement of Alternative Dispute Resolution On-line Dispute Resolution: A View From Scotland Paul Motion PART II OTHER EUROPEAN AND UK E-COMMERCE LEGISLATION 6. EC Electronic Money Directive 2000 Electronic Money: The European Regulatory Approach Andres Guadamuz and John Usher 7. VAT on Electronic Services Directive 2002/38/EC Amending VAT Law for Electronic Transactions: A Simple Choice for a Simple Tax? Sandra Eden 8. Distance Selling Directive 1977; Distance Marketing of Financial Services Directive 2002 Distance Marketing in the European Union Annette Nordhausen 9. Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 Workplace Surveillance, Privacy and New Technologies Jane Fraser 10. Disability Discrimination Act 1995 Web Access and Disability Martin Sloan
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