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The New Legal Framework for E-Commerce in Europe

Editor(s): Lilian Edwards
Media of The New Legal Framework for E-Commerce in Europe
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Published: 19-12-2005
Format: Paperback
Edition: 1st
Extent: 546
ISBN: 9781841134512
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £59.99
Online price : £53.99
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Loren Epson

About The New Legal Framework for E-Commerce in Europe

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.

Table Of Contents


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


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


“An essential text for all students, scholars and practitioners of e-commerce regulation, it holds important international lessons regarding successes and limitations of the EU's approach in this regulatory space…Edwards' excellent volume is both internationally relevant and socially important…” –  Andrea M. Matwyshyn, International Journal of Law and Information Technology

“...this is a book which should be on the shelves of any lawyer – practising or academic – who has an interest in E-Commerce.” –  TJ McIntyre, SCRIPT-ed, Volume 4, Issue 3

“This collection of essays is a useful reference source with respect to various issues of current topical interest in the field of e-commerce law, and provides a thoughtful analysis of the effectiveness of those laws…the essays in this collection are both thought provoking and entertaining, which is a rare combination in a legal text.” –  Gaye Middleton, The Journal of E-Commerce, Technology and Communications, Vol 13: Issue 1

“Edwards and her fellow-contributors deal with a wide range of issues,…As well as a thorough exegesis of the ECD, the collection contains competent treatments of the EC Electronic Money Directive 2000…” –  Journal of the Commonwealth Lawyers' Association, Vol 15, No 3

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