The future of the eCommerce directive Prof. dr. Patrick Van Eecke Prof. dr. Patrick Van Eecke
Current status 2
Need for a Directive on eCommerce? � Harmonisation is necessary, because � internal market is ideal market for eCommerce � legal hurdles should be minimised � Review of directive is necessary, because � old-fashioned � not clear � not consistent
Examples Examples of old-fashioned, unclear or inconsistent clauses � country of origin principle � information society service provider � coordinated field � transparancy requirements � liability of ISPs � electronic contracts � private international law
The w ay further… � Re-open the directive for discussion? � ECJ case-law in the making on applicable law, liability, etc � How to make the directive future-proof? � next generation service models and technologies � Dual legal framework in a converging world? � eInvoicing directive already adapted
Further reading � DLA Piper study on future legal framework for information society � http://ec.europa.eu/information_society/newsroom/cf/itemdetail.cf m?item_id=7022 � Online challenge to traditional business models � www.dlapipershiftinglandscapes.com � contact: patrick.van.eecke@dlapiper.com
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