E-Commerce Law in Europe and the USAGerald Spindler, Fritjof Börner New economic developments such as E-Commerce raise not only economic but also legal questions. Most of these questions are treated in a different way by the jurisdictions or have not been regulated so far. Companies are facing a material uncertainty with regard to international transactions which are typical of E Commerce. The European and national regulations which have already been adopted are only for some part leading to clarification. The possibilities for legal solutions as well as the interpretation of the new legislation differ within the separate countries and their Courts. In order to provide an overview of the most important legal issues of E Commerce for international entities and internationally practising consultants, this book describes the regulatory framework in nine European countries (Belgium, France, Germany, Great Britain, Italy, Norway, Spain, Switzerland, The Nether lands) and the United States of America. The country-specific contributions are presented in alphabetical order and fol low a questionnaire which can be found in the beginning. As the structure in all contributions is uniform, the reader can fmd an answer to a legal question of inte rest quickly and clearly arranged for all countries. The work is not aiming at an extensive discussion of each legal question. Moreover, the goal is to present an overview of the main questions and trends in E-Commerce Law, in particular with regard to the adoption of several EU Directives. |
Contents
Belgium | 21 |
Consumer Protection Law | 35 |
Competition Law | 42 |
Responsibility | 54 |
Data Protection | 60 |
Cartel Law | 66 |
CHAPTER 3 | 116 |
Germany | 140 |
Cartel Law | 447 |
Domains | 454 |
Contract Law | 458 |
Consumer Protection Law | 487 |
Competition Law | 495 |
Labelling Law | 507 |
Metatags | 511 |
Responsibility | 523 |
Cartel | 150 |
WulffAxel Schmidt and Monika Prieẞ | 155 |
V | 195 |
CHAPTER 4 | 224 |
Cartel | 232 |
by a Team of Authors | 241 |
CHAPTER 2 | 271 |
Works Capable of Protection | 285 |
Cartel Law | 304 |
Contract | 309 |
Business and Legal Reality of the New Economy | 310 |
Consumer Protection | 329 |
Competition | 336 |
V | 347 |
Labelling Law | 349 |
Copyright Law | 357 |
Responsibility | 365 |
Money Transfers | 372 |
Dag Saltnes and Tommy Tokstad | 387 |
72 | 403 |
Conflict of Law Issues | 417 |
Labelling Law | 424 |
Copyright Law | 431 |
Responsibility | 438 |
Data Protection | 547 |
Stephan Netzle and Roberto Hayer | 557 |
Responsibility | 558 |
Consumer Protection Law | 573 |
Labelling Law | 584 |
Responsibility | 596 |
Liability for Third Party Content | 602 |
Money Transfers | 606 |
Data Protection | 610 |
Albert Ploeger and Robert van Kralingen | 625 |
Consumer Protection Law | 641 |
Labelling Law | 652 |
Responsibility | 658 |
Money Transfers | 663 |
United States | 675 |
Consumer Protection | 704 |
Money Transfers | 713 |
Labeling Law | 719 |
Money Transfers | 723 |
Responsibility | 733 |
Money Transfers | 739 |
Data Protection | 746 |
Andersen Legal Contact Persons | 759 |
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Common terms and phrases
1.1 International Jurisdiction 1.2 Application advertising agreement Application of Domestic Article Belgian Belgian law Belgium Brussels Convention Cartel Law certification chapter choice of law Civil Code claim clauses CNIL commercial communication competition law concerning Conflict of Law consumer protection Cour de cassation credit card damages Data Protection decision digital signature disputes Distance Contracts distance selling domain name Domestic Courts Domestic Law domicile E-Commerce Directive e-mail EGBGB electronic signature EuGVÜ European forum selection clauses French law holder hyperlink ICANN implemented infringement Internet Italian Jurisdiction of Domestic Law Issues legal system legislation liability margin note means metatags obligation offer offeror on-line payment personal data principle processing pursuant regard registered regulation relation relevant requirements Rome Convention rules service provider Spanish specific sumer telecommunications third party content tion trade trademark transfer valid