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Borderlines in Private Law

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The New Legal Framework for E-Commerce in Europe

Edited by: Lillian Edwards

ISBN13: 9781841134512
ISBN: 1841134511
Published: December 2005
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £80.00



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This collection of essays by well known specialists drawn from academe and practice in e-commerce and Internet law, analyses recent crucial European legislation which attempts to set up a legal regime for e-commerce. The central focus is the key provisions of the EC E-Commerce Directive, as implemented in the UK in August 2002, thus far the most important European contribution to the development of e-strategy and e-business.

After a scene-setting general overview of EU regulation of e-commerce, other areas covered include e-contracting, ISP liability, spam, country of origin regulation, and ADR. Further chapters discuss other new pieces of legislation in this domain, including the new Privacy Directive, the Distance Selling Directives, how disability legislation affects the web, the extension of VAT to online sales, and how DP legislation is being enforced on the web.

In each case both the European framework and the rules as implemented in the UK are examined and critiqued for their efficacy in meeting the needs of business and consumers.

Subjects:
IT, Internet and Artificial Intelligence Law
Contents:
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