This Dissertation aims to assess the effectiveness and suitability of European regulation in respect to E-Commerce.
Taking the European ‘Lisbon Strategy’ as set out in 2000 as a starting point, this paper examines whether Europe is on the right track to becoming “the most competitive and dynamic knowledge-based economy (…) by 2010”.
Hereby, the scope of this paper is limited to E-Commerce only as one essential part of a ‘knowledge-based economy’ and an ‘e-ready’ Europe.
After outlining the special nature of E-Commerce, the rationale behind regulation and the historical background of European regulation in this field, this paper concentrates on four issues where the EU has become active in regulating E-Commerce, namely, the essential prerequisite of an existing ‘e-infrastructure’, e-signatures, privacy and consumer protection.
The European approach to each of these issues is assessed to reveal its strengths and weaknesses. Moreover, this European way of regulating E-Commerce is then compared with other regulative attempts. Hereby, special attention is paid to the US approach to regulating E-Commerce which is mostly based on self-regulation.
Thus, this paper comes to the conclusion that Europe is on the right track to becoming ‘e-ready’ in respect to E-Commerce. Basic regulatory decisions have the potential to lead in the right direction, although they do not always provide the most effective solution.
Often European Directives do not reach far enough and are outdated. Thus, they do not address E-Commerce sufficiently, give too much discretion to the Member States and leave prevalent gaps or do not interoperate properly.
Therefore, the European regulation on E-Commerce needs some revision and has to take some brave and innovative steps to establish legal certainty, as well as to create consumer trust and confidence. Following this path active participation can be promoted and consequently, a vibrant E-Commerce market created.
Table of Contents
I. INTRODUCTION
II. OUTLINE
III. BACKGROUND INFORMATION
1. What is E-Commerce and why is it special?
2. Why do we regulate?
3. The History of the EU Approach
IV. ILLUSTRATIVE ISSUES OF REGULATION ON E-COMMERCE
1. E-Infrastructure
a) The EU Policy
b) Practical Implications
c) Conclusion
2. Electronic Signatures
a) The EU Policy
(1) The E-Signatures Directive
(2) The E-Commerce Directive
b) Conclusion
3. Privacy Protection
a) The Data Protection Directive
b) The US Approach
c) Resume
d) Spam
(1) The E-Communications Directive
(2) The US Approach
(3) ‘Code’ as an Alternative
e) Conclusion
4. Consumer Protection
a) The Distance Selling Directive
b) Resume
c) The E-Commerce Directive
d) Comparison of the EU and the US Approach
e) Conclusion
V. CONCLUSION
Research Objectives and Themes
This dissertation assesses the effectiveness and suitability of European regulation in relation to E-Commerce. By examining the European ‘Lisbon Strategy’ as a baseline, the research investigates whether Europe is on the right track to becoming a competitive, knowledge-based economy, focusing on the specific regulatory framework governing the digital market.
- The evaluation of e-infrastructure as a prerequisite for E-Commerce.
- An analysis of legal frameworks governing electronic signatures.
- A critical assessment of data protection and privacy regulations.
- An investigation into consumer protection measures within the digital marketplace.
- A comparative analysis between the European legislative approach and the US self-regulatory model.
Excerpt from the Book
1. E-Infrastructure
Access to the Internet is an essential precondition for participation in E-Commerce. Basically, copper cable, fibre-optic cables, radio and satellite communication can be used to go online, although the future of telecommunication is often seen in geo-stationary satellite communication without a physical transmission medium.
In Europe there has been a fast development and acceptance of the Internet. Whereas it was complained in 1999 that Europe was 2-3 years behind the US in respect to Internet technology, the connectivity of Europeans had already more than doubled by 2001.
Today, broadband offers the possibility to connect immediately to the Internet, as well as to change its use; as large volumes of data can be transferred nearly instantaneously, the Internet can be designed in a more user-friendly manner combining colourful images, video, animation and multiplying sound. This development may support the use of the Internet for E-Commerce. However, to use these new opportunities Europe needs to ‘go broadband’ first.
Summary of Chapters
I. INTRODUCTION: Outlines the goal of the European Union to become a competitive knowledge-based economy and introduces E-Commerce as a critical component of this strategy.
II. OUTLINE: Describes the methodological approach, which utilizes a top-down analysis of EU legislation, national implementation, and practical impacts on individuals.
III. BACKGROUND INFORMATION: Defines the nature of E-Commerce, justifies the necessity of state regulation, and provides a historical overview of the EU's policy development.
IV. ILLUSTRATIVE ISSUES OF REGULATION ON E-COMMERCE: Critically analyzes the four core regulatory pillars: e-infrastructure, electronic signatures, privacy protection, and consumer protection.
V. CONCLUSION: Synthesizes the findings, concluding that while Europe is on the right path, regulatory revisions are necessary to enhance legal certainty and foster a vibrant E-Commerce market.
Keywords
E-Commerce, European Union, E-Infrastructure, Electronic Signatures, Privacy Protection, Consumer Protection, Lisbon Strategy, Broadband, Data Protection Directive, Distance Selling Directive, E-Communications Directive, Regulation, Self-Regulation, Legal Certainty, Digital Economy.
Frequently Asked Questions
What is the primary objective of this dissertation?
The dissertation aims to evaluate the effectiveness and suitability of existing European regulations concerning E-Commerce, specifically looking at how these laws contribute to making Europe an "e-ready" economy.
Which key areas of E-Commerce does the work focus on?
The study concentrates on four specific regulatory issues: the development of e-infrastructure, the legal framework for electronic signatures, data protection and privacy, and consumer protection.
How is the research conducted?
The author employs a "top-down" methodological approach, analyzing European Directives, their implementation in Member States, and their practical impact on businesses and consumers.
Does the paper recommend a specific type of regulation?
The paper argues that while a legislative approach is generally the right choice for Europe to ensure trust and legal certainty, it must be improved by being less fragmented and more technologically aware.
What is the author's stance on the US regulatory approach?
The author views the US "hands-off" or self-regulatory approach as largely inefficient for consumer protection, as it often fails to provide sufficient security in the absence of government-backed standards.
What are the main findings regarding the EU's "right track"?
The author concludes that Europe is on the right track but notes that current directives are often outdated, too fragmented due to Member State discretion, and fail to provide the clarity required for a seamless internal market.
How does the author define 'code' in the context of regulation?
Referring to Lawrence Lessig, the author defines 'code' as the software and hardware that form the architecture of cyberspace, serving as a powerful, non-legislative tool for controlling online behavior.
What is the significance of the "country of origin" principle?
It is a central pillar of the E-Commerce Directive intended to harmonize the market by allowing service providers to comply with the laws of their home country, though the author highlights its conflicts with consumer-protective "country of destination" principles.
- Arbeit zitieren
- Sandra Vivian Wagner (Autor:in), 2004, Is Europe on the right track to becoming ready for E-Commerce? How effective is recent regulation?, München, GRIN Verlag, https://www.hausarbeiten.de/document/61016
