Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ("Directive on electronic commerce")

• Section: Serie L

Tweet

 

FREE EXCERPT

17.7.2000 EN L 178/1Official Journal of the European Communities I (Acts whose publication is obligatory) DIRECTIVE 2000/31/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE (3) Community law and the characteristics of the Community legal order are a vital asset to enable European citizens andEUROPEAN UNION, operators to take full advantage, without consideration of borders, of the opportunities afforded by electronicHaving regard to the Treaty establishing the European Comcommerce; this Directive therefore has the purpose ofmunity, and in particular Articles 47(2), 55 and 95 thereof, ensuring a high level of Community legal integration in order to establish a real area without internal borders for Having regard to the proposal from the Commission(1), information society services.

Having regard to the opinion of the Economic and Social Committee(2),

Acting in accordance with the procedure laid down in (4) It is important to ensure that electronic commerce could Article 251 of the Treaty(3), fully benefit from the internal market and therefore that, as with Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down byWhereas:

law, regulation or administrative action in Member States concerning the pursuit of television broadcasting (1) The European Union is seeking to forge ever closer links activities(4), a high level of Community integration is between the States and peoples of Europe, to ensure achieved.

economic and social progress; in accordance with Article 14(2) of the Treaty, the internal market comprises an area without internal frontiers in which the free movements of goods, services and the freedom of establishment are ensured; the development of information (5) The development of information society services withinsociety services within the area without internal frontiers the Community is hampered by a number of legalis vital to eliminating the barriers which divide the obstacles to the proper functioning of the internal marketEuropean peoples.

which make less attractive the exercise of the freedom of establishment and the freedom to provide services; these (2) The development of electronic commerce within the obstacles arise from divergences in legislation and from information society offers significant employment oppor- the legal uncertainty as to which national rules apply tunities in the Community, particularly in small and to such services; in the absence of coordination and medium-sized enterprises, and will stimulate economic adjustment of legislation in the relevant areas, obstacles growth and investment in innovation by European com- might be justified in the light of the case-law of the Court panies, and can also enhance the competitiveness of of Justice of the European Communities; legal uncertainty European industry, provided that everyone has access to exists with regard to the extent to which Member States the Internet. may control services originating from another Member State.

(1) OJ C 30, 5.2.1999, p. 4.

(2) OJ C 169, 16.6.1999, p. 36.

(3) Opinion of the European Parliament of 6 May 1999 (OJ C 279, 1.10.1999, p. 389), Council common position of 28 February 2000 (OJ C 128, 8.5.2000, p. 32) and Decision of the European (4) OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive 97/36/EC of the European Parliament and of the Council (OJParliament of 4 May 2000 (not yet published in the Official Journal). L 202, 30.7.1997, p. 60).

L 178/2 EN 17.7.2000Official Journal of the European Communities (6) In the light of Community objectives, of Articles 43 and unfair terms in consumer contracts(1) and Directive 97/7/EC of the European Parliament and of the Council49 of the Treaty and of secondary Community law, these obstacles should be eliminated by coordinating certain of 20 May 1997 on the protection of consumers in respect of distance contracts(2) form a vital elementnational laws and by clarifying certain legal concepts at Community level to the extent necessary for the proper for protecting consumers in contractual matters; those Directives also apply in their entirety to informationfunctioning of the internal market; by dealing only with certain specific matters which give rise to problems for society services; that same Community acquis, which is fully applicable to information society services, alsothe internal market, this Directive is fully consistent with the need to respect the principle of subsidiarity as set out embraces in particular Council Directive 84/450/EEC of 10 September 1984 concerning misleading and compara-in Article 5 of the Treaty.

tive advertising(3), Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit(4), Council Directive(7) In order to ensure legal certainty and consumer confi93/22/EEC of 10 May 1993 on investment services indence, this Directive must lay down a clear and general the securities field(5), Council Directive 90/314/EEC offramework to cover certain legal aspects of electronic 13 June 1990 on package travel, package holidays andcommerce in the internal market.

package tours(6), Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer production in the indication of prices of products offered to consumers(7), Council Directive (8) The objective of this Directive is to create a legal 92/59/EEC of 29 June 1992 on general product safety(8), framework to ensure the free movement of information Directive 94/47/EC of the European Parliament and of society services between Member States and not to the Council of 26 October 1994 on the protection of harmonise the field of criminal law as such. purchasers in respect of certain aspects on contracts relating to the purchase of the right to use immovable properties on a timeshare basis(9), Directive 98/27/EC of the European Parliament and of the Council of 19 May (9) The free movement of information society services can in 1998 on injunctions for the protection of consumers' many cases be a specific reflection in Community law of interests(10), Council Directive 85/374/EEC of 25 July a more general principle, namely freedom of expression 1985 on the approximation of the laws, regulations as enshrined in Article 10(1) of the Convention for the and administrative provisions concerning liability for Protection of Human Rights and Fundamental Freedoms, defective products(11), Directive 1999/44/EC of the Eurowhich has been ratified by all the Member States; for this pean Parliament and of the Council of 25 May 1999 on reason, directives covering the supply of information certain aspects of the sale of consumer goods and society services must ensure that this activity may be associated guarantees(12), the future Directive of the engaged in freely in the light of that Article, subject only European Parliament and of the Council concerning the to the restrictions laid down in paragraph 2 of that Article distance marketing of consumer financial services and and in Article 46(1) of the Treaty; this Directive is Council Directive 92/28/EEC of 31 March 1992 on not intended to affect national fundamental rules and the advertising of medicinal products(13); this Directive principles relating to freedom of expression.

(10) In accordance with the principle of proportionality, the measures provided for in this Directive are strictly limited (1) OJ L 95, 21.4.1993, p. 29.

to the minimum needed to achieve the objective of the (2) OJ L 144, 4.6.1999, p. 19.

(3) OJ L 250, 19.9.1984, p. 17. Directive as amended by Directiveproper functioning of the internal market; where action 97/55/EC of the European Parliament and of the Council (OJat Community level is necessary, and in order to guarantee L 290, 23.10.1997, p. 18).an area which is truly without internal frontiers as far as (4) OJ L 42, 12.2.1987, p. 48. Directive as last amended by Directiveelectronic commerce is concerned, the Directive must 98/7/EC of the European Parliament and of the Council (OJ L 101,ensure a high level of protection of objectives of general 1.4.1998, p. 17).

interest, in particular the protection of minors and human (5) OJ L 141, 11.6.1993, p. 27. Directive as last amended by Directive dignity, consumer protection and the protection of 97/9/EC of the European Parliament and of the Council (OJ L 84, public health; according to Article 152 of the Treaty, the 26.3.1997, p. 22).

protection of public health is an essential component of (6) OJ L 158, 23.6.1990, p. 59.

other Community policies. (7) OJ L 80, 18.3.1998, p. 27.

(8) OJ L 228, 11.8.1992, p. 24.

(9) OJ L 280, 29.10.1994, p. 83.

(10) OJ L 166, 11.6.1998, p. 51. Directive as amended by Directive 1999/44/EC (OJ L 171, 7.7.1999, p. 12).

(11) This Directive is without prejudice to the level of (11) OJ L 210, 7.8.1985, p. 29. Directive as amended by Directive protection for, in particular, public health and consumer 1999/34/EC (OJ L 141, 4.6.1999, p. 20).

interests, as established by Community acts; amongst (12) OJ L 171, 7.7.1999, p. 12.

(13) OJ L 113, 30.4.1992, p. 13.ºthers, Council Directive 93/13/EEC of 5 April 1993 on 17.7.2000 EN L 178/3Official Journal of the European Communities should be without prejudice to Directive 98/43/EC of the (16) The exclusion of gambling activities from the scope of application of this Directive covers only games of chance,European Parliament and of the Council of 6 July 1998 on the approximation of the laws, regulations and lotteries and betting transactions, which involve wagering a stake with monetary value; this does not cover pro-administrative provisions of the Member States relating to the advertising and sponsorship of tobacco...