2023-

2024

Introduction to Technology Law

RGBIR50110.2023-2024
WEEK 7
 WEEK 7 – E-commerce

1. Directive on Electronic Commerce (2000/31/EC)

CHAPTER I
GENERAL PROVISIONS
Article 1
Objective and scope
1. This Directive seeks to contribute to the proper functioning of the internal market by ensuring the free
movement of information society services between the Member States.
2. This Directive approximates, to the extent necessary for the achievement of the objective set out in
paragraph 1, certain national provisions on information society services relating to the internal market, the
establishment of service providers, commercial communications, electronic contracts, the liability of
intermediaries, codes of conduct, out-of-court dispute settlements, court actions and cooperation between
Member States.
3. This Directive complements Community law applicable to information society services without
prejudice to the level of protection for, in particular, public health and consumer interests, as established
by Community acts and national legislation implementing them in so far as this does not restrict the
freedom to provide information society services.
4. This Directive does not establish additional rules on private international law nor does it deal with the
jurisdiction of Courts.
5. This Directive shall not apply to:
(a) the field of taxation;
(b) questions relating to information society services covered by Directives 95/46/EC and 97/66/EC;
(c) questions relating to agreements or practices governed by cartel law;
(d) the following activities of information society services:
- the activities of notaries or equivalent professions to the extent that they involve a direct and specific
connection with the exercise of public authority,
- the representation of a client and defence of his interests before the courts,
- gambling activities which involve wagering a stake with monetary value in games of chance, including
lotteries and betting transactions.
6. This Directive does not affect measures taken at Community or national level, in the respect of
Community law, in order to promote cultural and linguistic diversity and to ensure the defence of
pluralism.

Article 2
Definitions
For the purpose of this Directive, the following terms shall bear the following meanings:
(a) "information society services": services within the meaning of Article 1(2) of Directive 98/34/EC as
amended by Directive 98/48/EC;
(b) "service provider": any natural or legal person providing an information society service;
(c) "established service provider": a service provider who effectively pursues an economic activity using a
fixed establishment for an indefinite period. The presence and use of the technical means and
technologies required to provide the service do not, in themselves, constitute an establishment of the
provider;
(d) "recipient of the service": any natural or legal person who, for professional ends or otherwise, uses an
information society service, in particular for the purposes of seeking information or making it accessible;
(e) "consumer": any natural person who is acting for purposes which are outside his or her trade, business
or profession;

1
(f) "commercial communication": any form of communication designed to promote, directly or indirectly,
the goods, services or image of a company, organisation or person pursuing a commercial, industrial or
craft activity or exercising a regulated profession. The following do not in themselves constitute
commercial communications:
- information allowing direct access to the activity of the company, organisation or person, in particular a
domain name or an electronic-mail address,
- communications relating to the goods, services or image of the company, organisation or person
compiled in an independent manner, particularly when this is without financial consideration;
(g) "regulated profession": any profession within the meaning of either Article 1(d) of Council Directive
89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas
awarded on completion of professional education and training of at least three-years' duration(26) or of
Article 1(f) of Council Directive 92/51/EEC of 18 June 1992 on a second general system for the
recognition of professional education and training to supplement Directive 89/48/EEC(27);
(h) "coordinated field": requirements laid down in Member States' legal systems applicable to information
society service providers or information society services, regardless of whether they are of a general
nature or specifically designed for them.
(i) The coordinated field concerns requirements with which the service provider has to comply in respect
of:
- the taking up of the activity of an information society service, such as requirements concerning
qualifications, authorisation or notification,
- the pursuit of the activity of an information society service, such as requirements concerning the
behaviour of the service provider, requirements regarding the quality or content of the service including
those applicable to advertising and contracts, or requirements concerning the liability of the service
provider;
(ii) The coordinated field does not cover requirements such as:
- requirements applicable to goods as such,
- requirements applicable to the delivery of goods,
- requirements applicable to services not provided by electronic means.

Article 3
Internal market
1. Each Member State shall ensure that the information society services provided by a service provider
established on its territory comply with the national provisions applicable in the Member State in question
which fall within the coordinated field.
2. Member States may not, for reasons falling within the coordinated field, restrict the freedom to provide
information society services from another Member State.
3. Paragraphs 1 and 2 shall not apply to the fields referred to in the Annex.
4. Member States may take measures to derogate from paragraph 2 in respect of a given information
society service if the following conditions are fulfilled:
(a) the measures shall be:
(i) necessary for one of the following reasons:
- public policy, in particular the prevention, investigation, detection and prosecution of criminal offences,
including the protection of minors and the fight against any incitement to hatred on grounds of race, sex,
religion or nationality, and violations of human dignity concerning individual persons,
- the protection of public health,
- public security, including the safeguarding of national security and defence,
- the protection of consumers, including investors;
(ii) taken against a given information society service which prejudices the objectives referred to in point
(i) or which presents a serious and grave risk of prejudice to those objectives;
(iii) proportionate to those objectives;

2
(b) before taking the measures in question and without prejudice to court proceedings, including
preliminary proceedings and acts carried out in the framework of a criminal investigation, the Member
State has:
- asked the Member State referred to in paragraph 1 to take measures and the latter did not take such
measures, or they were inadequate,
- notified the Commission and the Member State referred to in paragraph 1 of its intention to take such
measures.
5. Member States may, in the case of urgency, derogate from the conditions stipulated in paragraph 4(b).
Where this is the case, the measures shall be notified in the shortest possible time to the Commission and
to the Member State referred to in paragraph 1, indicating the reasons for which the Member State
considers that there is urgency.
6. Without prejudice to the Member State's possibility of proceeding with the measures in question, the
Commission shall examine the compatibility of the notified measures with Community law in the shortest
possible time; where it comes to the conclusion that the measure is incompatible with Community law,
the Commission shall ask the Member State in question to refrain from taking any proposed measures or
urgently to put an end to the measures in question.

CHAPTER II
PRINCIPLES
Section 1: Establishment and information requirements
Article 4
Principle excluding prior authorisation
1. Member States shall ensure that the taking up and pursuit of the activity of an information society
service provider may not be made subject to prior authorisation or any other requirement having
equivalent effect.
2. Paragraph 1 shall be without prejudice to authorisation schemes which are not specifically and
exclusively targeted at information society services, or which are covered by Directive 97/13/EC of the
European Parliament and of the Council of 10 April 1997 on a common framework for general
authorisations and individual licences in the field of telecommunications services(28).

Article 5
General information to be provided
1. In addition to other information requirements established by Community law, Member States shall
ensure that the service provider shall render easily, directly and permanently accessible to the recipients
of the service and competent authorities, at least the following information:
(a) the name of the service provider;
(b) the geographic address at which the service provider is established;
(c) the details of the service provider, including his electronic mail address, which allow him to be
contacted rapidly and communicated with in a direct and effective manner;
(d) where the service provider is registered in a trade or similar public register, the trade register in which
the service provider is entered and his registration number, or equivalent means of identification in that
register;
(e) where the activity is subject to an authorisation scheme, the particulars of the relevant supervisory
authority;
(f) as concerns the regulated professions:
- any professional body or similar institution with which the service provider is registered,
- the professional title and the Member State where it has been granted,
- a reference to the applicable professional rules in the Member State of establishment and the means to
access them;
(g) where the service provider undertakes an activity that is subject to VAT, the identification number
referred to in Article 22(1) of the sixth Council Directive 77/388/EEC of 17 May 1977 on the

3
harmonisation of the laws of the Member States relating to turnover taxes - Common system of value
added tax: uniform basis of assessment(29).
2. In addition to other information requirements established by Community law, Member States shall at
least ensure that, where information society services refer to prices, these are to be indicated clearly and
unambiguously and, in particular, must indicate whether they are inclusive of tax and delivery costs.

Section 2: Commercial communications

Article 6
Information to be provided
In addition to other information requirements established by Community law, Member States shall ensure
that commercial communications which are part of, or constitute, an information society service comply
at least with the following conditions:
(a) the commercial communication shall be clearly identifiable as such;
(b) the natural or legal person on whose behalf the commercial communication is made shall be clearly
identifiable;
(c) promotional offers, such as discounts, premiums and gifts, where permitted in the Member State
where the service provider is established, shall be clearly identifiable as such, and the conditions which
are to be met to qualify for them shall be easily accessible and be presented clearly and unambiguously;
(d) promotional competitions or games, where permitted in the Member State where the service provider
is established, shall be clearly identifiable as such, and the conditions for participation shall be easily
accessible and be presented clearly and unambiguously.

Article 7
Unsolicited commercial communication
1. In addition to other requirements established by Community law, Member States which permit
unsolicited commercial communication by electronic mail shall ensure that such commercial
communication by a service provider established in their territory shall be identifiable clearly and
unambiguously as such as soon as it is received by the recipient.
2. Without prejudice to Directive 97/7/EC and Directive 97/66/EC, Member States shall take measures to
ensure that service providers undertaking unsolicited commercial communications by electronic mail
consult regularly and respect the opt-out registers in which natural persons not wishing to receive such
commercial communications can register themselves.

Article 8
Regulated professions
1. Member States shall ensure that the use of commercial communications which are part of, or constitute,
an information society service provided by a member of a regulated profession is permitted subject to
compliance with the professional rules regarding, in particular, the independence, dignity and honour of
the profession, professional secrecy and fairness towards clients and other members of the profession.
2. Without prejudice to the autonomy of professional bodies and associations, Member States and the
Commission shall encourage professional associations and bodies to establish codes of conduct at
Community level in order to determine the types of information that can be given for the purposes of
commercial communication in conformity with the rules referred to in paragraph 1
3. When drawing up proposals for Community initiatives which may become necessary to ensure the
proper functioning of the Internal Market with regard to the information referred to in paragraph 2, the
Commission shall take due account of codes of conduct applicable at Community level and shall act in
close cooperation with the relevant professional associations and bodies.
4. This Directive shall apply in addition to Community Directives concerning access to, and the exercise
of, activities of the regulated professions.

Section 3: Contracts concluded by electronic means

4
 Article 9
Treatment of contracts
1. Member States shall ensure that their legal system allows contracts to be concluded by electronic
means. Member States shall in particular ensure that the legal requirements applicable to the contractual
process neither create obstacles for the use of electronic contracts nor result in such contracts being
deprived of legal effectiveness and validity on account of their having been made by electronic means.
2. Member States may lay down that paragraph 1 shall not apply to all or certain contracts falling into one
of the following categories:
(a) contracts that create or transfer rights in real estate, except for rental rights;
(b) contracts requiring by law the involvement of courts, public authorities or professions exercising
public authority;
(c) contracts of suretyship granted and on collateral securities furnished by persons acting for purposes
outside their trade, business or profession;
(d) contracts governed by family law or by the law of succession.
3. Member States shall indicate to the Commission the categories referred to in paragraph 2 to which they
do not apply paragraph 1. Member States shall submit to the Commission every five years a report on the
application of paragraph 2 explaining the reasons why they consider it necessary to maintain the category
referred to in paragraph 2(b) to which they do not apply paragraph 1.

Article 10
Information to be provided
1. In addition to other information requirements established by Community law, Member States shall
ensure, except when otherwise agreed by parties who are not consumers, that at least the following
information is given by the service provider clearly, comprehensibly and unambiguously and prior to the
order being placed by the recipient of the service:
(a) the different technical steps to follow to conclude the contract;
(b) whether or not the concluded contract will be filed by the service provider and whether it will be
accessible;
(c) the technical means for identifying and correcting input errors prior to the placing of the order;
(d) the languages offered for the conclusion of the contract.
2. Member States shall ensure that, except when otherwise agreed by parties who are not consumers, the
service provider indicates any relevant codes of conduct to which he subscribes and information on how
those codes can be consulted electronically.
3. Contract terms and general conditions provided to the recipient must be made available in a way that
allows him to store and reproduce them.
4. Paragraphs 1 and 2 shall not apply to contracts concluded exclusively by exchange of electronic mail or
by equivalent individual communications.

Article 11
Placing of the order
1. Member States shall ensure, except when otherwise agreed by parties who are not consumers, that in
cases where the recipient of the service places his order through technological means, the following
principles apply:
- the service provider has to acknowledge the receipt of the recipient's order without undue delay and by
electronic means,
- the order and the acknowledgement of receipt are deemed to be received when the parties to whom they
are addressed are able to access them.
2. Member States shall ensure that, except when otherwise agreed by parties who are not consumers, the
service provider makes available to the recipient of the service appropriate, effective and accessible
technical means allowing him to identify and correct input errors, prior to the placing of the order.

5
3. Paragraph 1, first indent, and paragraph 2 shall not apply to contracts concluded exclusively by
exchange of electronic mail or by equivalent individual communications.

Section 4: Liability of intermediary service providers

Article 12
"Mere conduit"
1. Where an information society service is provided that consists of the transmission in a communication
network of information provided by a recipient of the service, or the provision of access to a
communication network, Member States shall ensure that the service provider is not liable for the
information transmitted, on condition that the provider:
(a) does not initiate the transmission;
(b) does not select the receiver of the transmission; and
(c) does not select or modify the information contained in the transmission.
2. The acts of transmission and of provision of access referred to in paragraph 1 include the automatic,
intermediate and transient storage of the information transmitted in so far as this takes place for the sole
purpose of carrying out the transmission in the communication network, and provided that the
information is not stored for any period longer than is reasonably necessary for the transmission.
3. This Article shall not affect the possibility for a court or administrative authority, in accordance with
Member States' legal systems, of requiring the service provider to terminate or prevent an infringement.

Article 13
"Caching"
1. Where an information society service is provided that consists of the transmission in a communication
network of information provided by a recipient of the service, Member States shall ensure that the service
provider is not liable for the automatic, intermediate and temporary storage of that information, performed
for the sole purpose of making more efficient the information's onward transmission to other recipients of
the service upon their request, on condition that:
(a) the provider does not modify the information;
(b) the provider complies with conditions on access to the information;
(c) the provider complies with rules regarding the updating of the information, specified in a manner
widely recognised and used by industry;
(d) the provider does not interfere with the lawful use of technology, widely recognised and used by
industry, to obtain data on the use of the information; and
(e) the provider acts expeditiously to remove or to disable access to the information it has stored upon
obtaining actual knowledge of the fact that the information at the initial source of the transmission has
been removed from the network, or access to it has been disabled, or that a court or an administrative
authority has ordered such removal or disablement.
2. This Article shall not affect the possibility for a court or administrative authority, in accordance with
Member States' legal systems, of requiring the service provider to terminate or prevent an infringement.

Article 14
Hosting
1. Where an information society service is provided that consists of the storage of information provided
by a recipient of the service, Member States shall ensure that the service provider is not liable for the
information stored at the request of a recipient of the service, on condition that:
(a) the provider does not have actual knowledge of illegal activity or information and, as regards claims
for damages, is not aware of facts or circumstances from which the illegal activity or information is
apparent; or
(b) the provider, upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable
access to the information.

6
2. Paragraph 1 shall not apply when the recipient of the service is acting under the authority or the control
of the provider.
3. This Article shall not affect the possibility for a court or administrative authority, in accordance with
Member States' legal systems, of requiring the service provider to terminate or prevent an infringement,
nor does it affect the possibility for Member States of establishing procedures governing the removal or
disabling of access to information.

Article 15
No general obligation to monitor
1. Member States shall not impose a general obligation on providers, when providing the services covered
by Articles 12, 13 and 14, to monitor the information which they transmit or store, nor a general
obligation actively to seek facts or circumstances indicating illegal activity.
2. Member States may establish obligations for information society service providers promptly to inform
the competent public authorities of alleged illegal activities undertaken or information provided by
recipients of their service or obligations to communicate to the competent authorities, at their request,
information enabling the identification of recipients of their service with whom they have storage
agreements.

CHAPTER III
IMPLEMENTATION […]

7
 2. Consumer Rights Directive (2011/83/EU)

CHAPTER I
SUBJECT MATTER, DEFINITIONS AND SCOPE
Article 1
Subject matter
The purpose of this Directive is, through the achievement of a high level of consumer protection, to
contribute to the proper functioning of the internal market by approximating certain aspects of the laws,
regulations and administrative provisions of the Member States concerning contracts concluded between
consumers and traders.
Article 2
Definitions
For the purpose of this Directive, the following definitions shall apply:
(1)‘consumer’ means any natural person who, in contracts covered by this Directive, is acting for purposes
which are outside his trade, business, craft or profession;
(2)‘trader’ means any natural person or any legal person, irrespective of whether privately or publicly
owned, who is acting, including through any other person acting in his name or on his behalf, for
purposes relating to his trade, business, craft or profession in relation to contracts covered by this
Directive;
(3)‘goods’ means any tangible movable items, with the exception of items sold by way of execution or
otherwise by authority of law; water, gas and electricity shall be considered as goods within the meaning
of this Directive where they are put up for sale in a limited volume or a set quantity;
(4)‘goods made to the consumer’s specifications’ means non-prefabricated goods made on the basis of an
individual choice of or decision by the consumer;
(5)‘sales contract’ means any contract under which the trader transfers or undertakes to transfer the
ownership of goods to the consumer and the consumer pays or undertakes to pay the price thereof,
including any contract having as its object both goods and services;
(6)‘service contract’ means any contract other than a sales contract under which the trader supplies or
undertakes to supply a service to the consumer and the consumer pays or undertakes to pay the price
thereof;
(7)‘distance contract’ means any contract concluded between the trader and the consumer under an
organised distance sales or service-provision scheme without the simultaneous physical presence of the
trader and the consumer, with the exclusive use of one or more means of distance communication up to
and including the time at which the contract is concluded;
(8)‘off-premises contract’ means any contract between the trader and the consumer:
(a)concluded in the simultaneous physical presence of the trader and the consumer, in a place which is
not the business premises of the trader;
(b)for which an offer was made by the consumer in the same circumstances as referred to in point (a);
(c)concluded on the business premises of the trader or through any means of distance communication
immediately after the consumer was personally and individually addressed in a place which is not the
business premises of the trader in the simultaneous physical presence of the trader and the consumer;
or
(d)concluded during an excursion organised by the trader with the aim or effect of promoting and selling
goods or services to the consumer;
(9) ‘business premises’ means:
(a) any immovable retail premises where the trader carries out his activity on a permanent basis; or
(b) any movable retail premises where the trader carries out his activity on a usual basis;
(10)‘durable medium’ means any instrument which enables the consumer or the trader to store information
addressed personally to him in a way accessible for future reference for a period of time adequate for
the purposes of the information and which allows the unchanged reproduction of the information stored;
(11) ‘digital content’ means data which are produced and supplied in digital form;

8
(12)‘financial service’ means any service of a banking, credit, insurance, personal pension, investment or
payment nature;
(13)‘public auction’ means a method of sale where goods or services are offered by the trader to consumers,
who attend or are given the possibility to attend the auction in person, through a transparent,
competitive bidding procedure run by an auctioneer and where the successful bidder is bound to
purchase the goods or services;
(14)‘commercial guarantee’ means any undertaking by the trader or a producer (the guarantor) to the
consumer, in addition to his legal obligation relating to the guarantee of conformity, to reimburse the
price paid or to replace, repair or service goods in any way if they do not meet the specifications or any
other requirements not related to conformity set out in the guarantee statement or in the relevant
advertising available at the time of, or before the conclusion of the contract;
(15)‘ancillary contract’ means a contract by which the consumer acquires goods or services related to a
distance contract or an off-premises contract and where those goods are supplied or those services are
provided by the trader or by a third party on the basis of an arrangement between that third party and
the trader.
Article 3
Scope
1. This Directive shall apply, under the conditions and to the extent set out in its provisions, to any contract
concluded between a trader and a consumer. It shall also apply to contracts for the supply of water, gas,
electricity or district heating, including by public providers, to the extent that these commodities are
provided on a contractual basis.
2. If any provision of this Directive conflicts with a provision of another Union act governing specific
sectors, the provision of that other Union act shall prevail and shall apply to those specific sectors.
3. This Directive shall not apply to contracts:
(a)for social services, including social housing, childcare and support of families and persons permanently
or temporarily in need, including long-term care;
(b)for healthcare as defined in point (a) of Article 3 of Directive 2011/24/EU, whether or not they are
provided via healthcare facilities;
(c)for gambling, which involves wagering a stake with pecuniary value in games of chance, including
lotteries, casino games and betting transactions;
(d) for financial services;
(e) for the creation, acquisition or transfer of immovable property or of rights in immovable property;
(f)for the construction of new buildings, the substantial conversion of existing buildings and for rental of
accommodation for residential purposes;
(g)which fall within the scope of Council Directive 90/314/EEC of 13 June 1990 on package travel, package
holidays and package tours (18);
(h)which fall within the scope of Directive 2008/122/EC of the European Parliament and of the Council of
14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term
holiday product, resale and exchange contracts (19);
(i)which, in accordance with the laws of Member States, are established by a public office-holder who has
a statutory obligation to be independent and impartial and who must ensure, by providing comprehensive
legal information, that the consumer only concludes the contract on the basis of careful legal
consideration and with knowledge of its legal scope;
(j)for the supply of foodstuffs, beverages or other goods intended for current consumption in the household,
and which are physically supplied by a trader on frequent and regular rounds to the consumer’s home,
residence or workplace;
(k) for passenger transport services, with the exception of Article 8(2) and Articles 19 and 22;
(l) concluded by means of automatic vending machines or automated commercial premises;
(m)concluded with telecommunications operators through public payphones for their use or concluded for
the use of one single connection by telephone, Internet or fax established by a consumer.

9
4. Member States may decide not to apply this Directive or not to maintain or introduce corresponding
national provisions to off-premises contracts for which the payment to be made by the consumer does not
exceed EUR 50. Member States may define a lower value in their national legislation.
5. This Directive shall not affect national general contract law such as the rules on the validity, formation
or effect of a contract, in so far as general contract law aspects are not regulated in this Directive.
6. This Directive shall not prevent traders from offering consumers contractual arrangements which go
beyond the protection provided for in this Directive.
Article 4
Level of harmonisation
Member States shall not maintain or introduce, in their national law, provisions diverging from those laid
down in this Directive, including more or less stringent provisions to ensure a different level of consumer
protection, unless otherwise provided for in this Directive.
CHAPTER II
CONSUMER INFORMATION FOR CONTRACTS OTHER THAN DISTANCE OR OFF-
PREMISES CONTRACTS
Article 5
Information requirements for contracts other than distance or off-premises contracts
1. Before the consumer is bound by a contract other than a distance or an off-premises contract, or any
corresponding offer, the trader shall provide the consumer with the following information in a clear and
comprehensible manner, if that information is not already apparent from the context:
(a)the main characteristics of the goods or services, to the extent appropriate to the medium and to the goods
or services;
(b)the identity of the trader, such as his trading name, the geographical address at which he is established
and his telephone number;
(c)the total price of the goods or services inclusive of taxes, or where the nature of the goods or services is
such that the price cannot reasonably be calculated in advance, the manner in which the price is to be
calculated, as well as, where applicable, all additional freight, delivery or postal charges or, where those
charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable;
(d)where applicable, the arrangements for payment, delivery, performance, the time by which the trader
undertakes to deliver the goods or to perform the service, and the trader’s complaint handling policy;
(e)in addition to a reminder of the existence of a legal guarantee of conformity for goods, the existence and
the conditions of after-sales services and commercial guarantees, where applicable;
(f)the duration of the contract, where applicable, or, if the contract is of indeterminate duration or is to be
extended automatically, the conditions for terminating the contract;
(g)where applicable, the functionality, including applicable technical protection measures, of digital
content;
(h)where applicable, any relevant interoperability of digital content with hardware and software that the
trader is aware of or can reasonably be expected to have been aware of.
2. Paragraph 1 shall also apply to contracts for the supply of water, gas or electricity, where they are not
put up for sale in a limited volume or set quantity, of district heating or of digital content which is not
supplied on a tangible medium.
3. Member States shall not be required to apply paragraph 1 to contracts which involve day-to-day
transactions and which are performed immediately at the time of their conclusion.
4. Member States may adopt or maintain additional pre-contractual information requirements for contracts
to which this Article applies.
CHAPTER III
CONSUMER INFORMATION AND RIGHT OF WITHDRAWAL FOR DISTANCE AND OFF-
PREMISES CONTRACTS
Article 6
Information requirements for distance and off-premises contracts

10
1. Before the consumer is bound by a distance or off-premises contract, or any corresponding offer, the
trader shall provide the consumer with the following information in a clear and comprehensible manner:
(a)the main characteristics of the goods or services, to the extent appropriate to the medium and to the goods
or services;
(b) the identity of the trader, such as his trading name;
(c)the geographical address at which the trader is established and the trader’s telephone number, fax number
and e-mail address, where available, to enable the consumer to contact the trader quickly and
communicate with him efficiently and, where applicable, the geographical address and identity of the
trader on whose behalf he is acting;
(d)if different from the address provided in accordance with point (c), the geographical address of the place
of business of the trader, and, where applicable, that of the trader on whose behalf he is acting, where
the consumer can address any complaints;
(e)the total price of the goods or services inclusive of taxes, or where the nature of the goods or services is
such that the price cannot reasonably be calculated in advance, the manner in which the price is to be
calculated, as well as, where applicable, all additional freight, delivery or postal charges and any other
costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional
charges may be payable. In the case of a contract of indeterminate duration or a contract containing a
subscription, the total price shall include the total costs per billing period. Where such contracts are
charged at a fixed rate, the total price shall also mean the total monthly costs. Where the total costs
cannot be reasonably calculated in advance, the manner in which the price is to be calculated shall be
provided;
(f)the cost of using the means of distance communication for the conclusion of the contract where that cost
is calculated other than at the basic rate;
(g)the arrangements for payment, delivery, performance, the time by which the trader undertakes to deliver
the goods or to perform the services and, where applicable, the trader’s complaint handling policy;
(h)where a right of withdrawal exists, the conditions, time limit and procedures for exercising that right in
accordance with Article 11(1), as well as the model withdrawal form set out in Annex I(B);
(i)where applicable, that the consumer will have to bear the cost of returning the goods in case of withdrawal
and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of
returning the goods;
(j)that, if the consumer exercises the right of withdrawal after having made a request in accordance with
Article 7(3) or Article 8(8), the consumer shall be liable to pay the trader reasonable costs in accordance
with Article 14(3);
(k)where a right of withdrawal is not provided for in accordance with Article 16, the information that the
consumer will not benefit from a right of withdrawal or, where applicable, the circumstances under
which the consumer loses his right of withdrawal;
(l) a reminder of the existence of a legal guarantee of conformity for goods;
(m)where applicable, the existence and the conditions of after sale customer assistance, after-sales services
and commercial guarantees;
(n)the existence of relevant codes of conduct, as defined in point (f) of Article 2 of Directive 2005/29/EC,
and how copies of them can be obtained, where applicable;
(o)the duration of the contract, where applicable, or, if the contract is of indeterminate duration or is to be
extended automatically, the conditions for terminating the contract;
(p) where applicable, the minimum duration of the consumer’s obligations under the contract;
(q)where applicable, the existence and the conditions of deposits or other financial guarantees to be paid or
provided by the consumer at the request of the trader;
(r)where applicable, the functionality, including applicable technical protection measures, of digital
content;
(s)where applicable, any relevant interoperability of digital content with hardware and software that the
trader is aware of or can reasonably be expected to have been aware of;

11
(t)where applicable, the possibility of having recourse to an out-of-court complaint and redress mechanism,
to which the trader is subject, and the methods for having access to it.
2. Paragraph 1 shall also apply to contracts for the supply of water, gas or electricity, where they are not
put up for sale in a limited volume or set quantity, of district heating or of digital content which is not
supplied on a tangible medium.
3. In the case of a public auction, the information referred to in points (b), (c) and (d) of paragraph 1 may
be replaced by the equivalent details for the auctioneer.
4. The information referred to in points (h), (i) and (j) of paragraph 1 may be provided by means of the
model instructions on withdrawal set out in Annex I(A). The trader shall have fulfilled the information
requirements laid down in points (h), (i) and (j) of paragraph 1 if he has supplied these instructions to the
consumer, correctly filled in.
5. The information referred to in paragraph 1 shall form an integral part of the distance or off-premises
contract and shall not be altered unless the contracting parties expressly agree otherwise.
6. If the trader has not complied with the information requirements on additional charges or other costs as
referred to in point (e) of paragraph 1, or on the costs of returning the goods as referred to in point (i) of
paragraph 1, the consumer shall not bear those charges or costs.
7. Member States may maintain or introduce in their national law language requirements regarding the
contractual information, so as to ensure that such information is easily understood by the consumer.
8. The information requirements laid down in this Directive are in addition to information requirements
contained in Directive 2006/123/EC and Directive 2000/31/EC and do not prevent Member States from
imposing additional information requirements in accordance with those Directives.
Without prejudice to the first subparagraph, if a provision of Directive 2006/123/EC or Directive
2000/31/EC on the content and the manner in which the information is to be provided conflicts with a
provision of this Directive, the provision of this Directive shall prevail.
9. As regards compliance with the information requirements laid down in this Chapter, the burden of proof
shall be on the trader.
Article 7
Formal requirements for off-premises contracts
1. With respect to off-premises contracts, the trader shall give the information provided for in Article 6(1)
to the consumer on paper or, if the consumer agrees, on another durable medium. That information shall be
legible and in plain, intelligible language.
2. The trader shall provide the consumer with a copy of the signed contract or the confirmation of the
contract on paper or, if the consumer agrees, on another durable medium, including, where applicable, the
confirmation of the consumer’s prior express consent and acknowledgement in accordance with point (m)
of Article 16.
3. Where a consumer wants the performance of services or the supply of water, gas or electricity, where
they are not put up for sale in a limited volume or set quantity, or of district heating to begin during the
withdrawal period provided for in Article 9(2), the trader shall require that the consumer makes such an
express request on a durable medium.
4. With respect to off-premises contracts where the consumer has explicitly requested the services of the
trader for the purpose of carrying out repairs or maintenance for which the trader and the consumer
immediately perform their contractual obligations and where the payment to be made by the consumer does
not exceed EUR 200:
(a)the trader shall provide the consumer with the information referred to in points (b) and (c) of Article 6(1)
and information about the price or the manner in which the price is to be calculated together with an
estimate of the total price, on paper or, if the consumer agrees, on another durable medium. The trader
shall provide the information referred to in points (a), (h) and (k) of Article 6(1), but may choose not to
provide it on paper or another durable medium if the consumer expressly agrees;
(b)the confirmation of the contract provided in accordance with paragraph 2 of this Article shall contain the
information provided for in Article 6(1).
Member States may decide not to apply this paragraph.

12
5. Member States shall not impose any further formal pre-contractual information requirements for the
fulfilment of the information obligations laid down in this Directive.
Article 8
Formal requirements for distance contracts
1. With respect to distance contracts, the trader shall give the information provided for in Article 6(1) or
make that information available to the consumer in a way appropriate to the means of distance
communication used in plain and intelligible language. In so far as that information is provided on a durable
medium, it shall be legible.
2. If a distance contract to be concluded by electronic means places the consumer under an obligation to
pay, the trader shall make the consumer aware in a clear and prominent manner, and directly before the
consumer places his order, of the information provided for in points (a), (e), (o) and (p) of Article 6(1).
The trader shall ensure that the consumer, when placing his order, explicitly acknowledges that the order
implies an obligation to pay. If placing an order entails activating a button or a similar function, the button
or similar function shall be labelled in an easily legible manner only with the words ‘order with obligation
to pay’ or a corresponding unambiguous formulation indicating that placing the order entails an obligation
to pay the trader. If the trader has not complied with this subparagraph, the consumer shall not be bound by
the contract or order.
3. Trading websites shall indicate clearly and legibly at the latest at the beginning of the ordering process
whether any delivery restrictions apply and which means of payment are accepted.
4. If the contract is concluded through a means of distance communication which allows limited space or
time to display the information, the trader shall provide, on that particular means prior to the conclusion of
such a contract, at least the pre-contractual information regarding the main characteristics of the goods or
services, the identity of the trader, the total price, the right of withdrawal, the duration of the contract and,
if the contract is of indeterminate duration, the conditions for terminating the contract, as referred to in
points (a), (b), (e), (h) and (o) of Article 6(1). The other information referred to in Article 6(1) shall be
provided by the trader to the consumer in an appropriate way in accordance with paragraph 1 of this Article.
5. Without prejudice to paragraph 4, if the trader makes a telephone call to the consumer with a view to
concluding a distance contract, he shall, at the beginning of the conversation with the consumer, disclose
his identity and, where applicable, the identity of the person on whose behalf he makes that call, and the
commercial purpose of the call.
6. Where a distance contract is to be concluded by telephone, Member States may provide that the trader
has to confirm the offer to the consumer who is bound only once he has signed the offer or has sent his
written consent. Member States may also provide that such confirmations have to be made on a durable
medium.
7. The trader shall provide the consumer with the confirmation of the contract concluded, on a durable
medium within a reasonable time after the conclusion of the distance contract, and at the latest at the time
of the delivery of the goods or before the performance of the service begins. That confirmation shall include:
(a)all the information referred to in Article 6(1) unless the trader has already provided that information to
the consumer on a durable medium prior to the conclusion of the distance contract; and
(b)where applicable, the confirmation of the consumer’s prior express consent and acknowledgment in
accordance with point (m) of Article 16.
8. Where a consumer wants the performance of services, or the supply of water, gas or electricity, where
they are not put up for sale in a limited volume or set quantity, or of district heating, to begin during the
withdrawal period provided for in Article 9(2), the trader shall require that the consumer make an express
request.
9. This Article shall be without prejudice to the provisions on the conclusion of e-contracts and the placing
of e-orders set out in Articles 9 and 11 of Directive 2000/31/EC.
10. Member States shall not impose any further formal pre-contractual information requirements for the
fulfilment of the information obligations laid down in this Directive.
Article 9
Right of withdrawal

13
1. Save where the exceptions provided for in Article 16 apply, the consumer shall have a period of 14 days
to withdraw from a distance or off-premises contract, without giving any reason, and without incurring any
costs other than those provided for in Article 13(2) and Article 14.
2. Without prejudice to Article 10, the withdrawal period referred to in paragraph 1 of this Article shall
expire after 14 days from:
(a) in the case of service contracts, the day of the conclusion of the contract;
(b)in the case of sales contracts, the day on which the consumer or a third party other than the carrier and
indicated by the consumer acquires physical possession of the goods or:
(i)in the case of multiple goods ordered by the consumer in one order and delivered separately, the day
on which the consumer or a third party other than the carrier and indicated by the consumer acquires
physical possession of the last good;
(ii)in the case of delivery of a good consisting of multiple lots or pieces, the day on which the consumer
or a third party other than the carrier and indicated by the consumer acquires physical possession of
the last lot or piece;
(iii)in the case of contracts for regular delivery of goods during defined period of time, the day on which
the consumer or a third party other than the carrier and indicated by the consumer acquires physical
possession of the first good;
(c)in the case of contracts for the supply of water, gas or electricity, where they are not put up for sale in a
limited volume or set quantity, of district heating or of digital content which is not supplied on a tangible
medium, the day of the conclusion of the contract.
3. The Member States shall not prohibit the contracting parties from performing their contractual
obligations during the withdrawal period. Nevertheless, in the case of off-premises contracts, Member
States may maintain existing national legislation prohibiting the trader from collecting the payment from
the consumer during the given period after the conclusion of the contract.
Article 10
Omission of information on the right of withdrawal
1. If the trader has not provided the consumer with the information on the right of withdrawal as required
by point (h) of Article 6(1), the withdrawal period shall expire 12 months from the end of the initial
withdrawal period, as determined in accordance with Article 9(2).
2. If the trader has provided the consumer with the information provided for in paragraph 1 of this Article
within 12 months from the day referred to in Article 9(2), the withdrawal period shall expire 14 days after
the day upon which the consumer receives that information.
Article 11
Exercise of the right of withdrawal
1. Before the expiry of the withdrawal period, the consumer shall inform the trader of his decision to
withdraw from the contract. For this purpose, the consumer may either:
(a) use the model withdrawal form as set out in Annex I(B); or
(b) make any other unequivocal statement setting out his decision to withdraw from the contract.
Member States shall not provide for any formal requirements applicable to the model withdrawal form other
than those set out in Annex I(B).
2. The consumer shall have exercised his right of withdrawal within the withdrawal period referred to in
Article 9(2) and Article 10 if the communication concerning the exercise of the right of withdrawal is sent
by the consumer before that period has expired.
3. The trader may, in addition to the possibilities referred to in paragraph 1, give the option to the consumer
to electronically fill in and submit either the model withdrawal form set out in Annex I(B) or any other
unequivocal statement on the trader’s website. In those cases the trader shall communicate to the consumer
an acknowledgement of receipt of such a withdrawal on a durable medium without delay.
4. The burden of proof of exercising the right of withdrawal in accordance with this Article shall be on the
consumer.
Article 12
Effects of withdrawal

14
The exercise of the right of withdrawal shall terminate the obligations of the parties:
(a) to perform the distance or off-premises contract; or
(b)to conclude the distance or off-premises contract, in cases where an offer was made by the consumer.
Article 13
Obligations of the trader in the event of withdrawal
1. The trader shall reimburse all payments received from the consumer, including, if applicable, the costs
of delivery without undue delay and in any event not later than 14 days from the day on which he is informed
of the consumer’s decision to withdraw from the contract in accordance with Article 11.
The trader shall carry out the reimbursement referred to in the first subparagraph using the same means of
payment as the consumer used for the initial transaction, unless the consumer has expressly agreed
otherwise and provided that the consumer does not incur any fees as a result of such reimbursement.
2. Notwithstanding paragraph 1, the trader shall not be required to reimburse the supplementary costs, if
the consumer has expressly opted for a type of delivery other than the least expensive type of standard
delivery offered by the trader.
3. Unless the trader has offered to collect the goods himself, with regard to sales contracts, the trader may
withhold the reimbursement until he has received the goods back, or until the consumer has supplied
evidence of having sent back the goods, whichever is the earliest.
Article 14
Obligations of the consumer in the event of withdrawal
1. Unless the trader has offered to collect the goods himself, the consumer shall send back the goods or
hand them over to the trader or to a person authorised by the trader to receive the goods, without undue
delay and in any event not later than 14 days from the day on which he has communicated his decision to
withdraw from the contract to the trader in accordance with Article 11. The deadline shall be met if the
consumer sends back the goods before the period of 14 days has expired.
The consumer shall only bear the direct cost of returning the goods unless the trader has agreed to bear
them or the trader failed to inform the consumer that the consumer has to bear them.
In the case of off-premises contracts where the goods have been delivered to the consumer’s home at the
time of the conclusion of the contract, the trader shall at his own expense collect the goods if, by their
nature, those goods cannot normally be returned by post.
2. The consumer shall only be liable for any diminished value of the goods resulting from the handling of
the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
The consumer shall in any event not be liable for diminished value of the goods where the trader has failed
to provide notice of the right of withdrawal in accordance with point (h) of Article 6(1).
3. Where a consumer exercises the right of withdrawal after having made a request in accordance with
Article 7(3) or Article 8(8), the consumer shall pay to the trader an amount which is in proportion to what
has been provided until the time the consumer has informed the trader of the exercise of the right of
withdrawal, in comparison with the full coverage of the contract. The proportionate amount to be paid by
the consumer to the trader shall be calculated on the basis of the total price agreed in the contract. If the
total price is excessive, the proportionate amount shall be calculated on the basis of the market value of
what has been provided.
4. The consumer shall bear no cost for:
(a)the performance of services or the supply of water, gas or electricity, where they are not put up for sale
in a limited volume or set quantity, or of district heating, in full or in part, during the withdrawal period,
where:
(i) the trader has failed to provide information in accordance with points (h) or (j) of Article 6(1); or
(ii)the consumer has not expressly requested performance to begin during the withdrawal period in
accordance with Article 7(3) and Article 8(8); or
(b)the supply, in full or in part, of digital content which is not supplied on a tangible medium where:
(i)the consumer has not given his prior express consent to the beginning of the performance before the
end of the 14-day period referred to in Article 9;
(ii)the consumer has not acknowledged that he loses his right of withdrawal when giving his consent; or

15
 (iii) the trader has failed to provide confirmation in accordance with Article 7(2) or Article 8(7).
5. Except as provided for in Article 13(2) and in this Article, the consumer shall not incur any liability as
a consequence of the exercise of the right of withdrawal.
Article 15
Effects of the exercise of the right of withdrawal on ancillary contracts
1. Without prejudice to Article 15 of Directive 2008/48/EC of the European Parliament and of the Council
of 23 April 2008 on credit agreements for consumers (20), if the consumer exercises his right of withdrawal
from a distance or an off-premises contract in accordance with Articles 9 to 14 of this Directive, any
ancillary contracts shall be automatically terminated, without any costs for the consumer, except as
provided for in Article 13(2) and in Article 14 of this Directive.
2. The Member States shall lay down detailed rules on the termination of such contracts.
Article 16
Exceptions from the right of withdrawal
Member States shall not provide for the right of withdrawal set out in Articles 9 to 15 in respect of distance
and off-premises contracts as regards the following:
(a)service contracts after the service has been fully performed if the performance has begun with the
consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal
once the contract has been fully performed by the trader;
(b)the supply of goods or services for which the price is dependent on fluctuations in the financial market
which cannot be controlled by the trader and which may occur within the withdrawal period;
(c) the supply of goods made to the consumer’s specifications or clearly personalised;
(d) the supply of goods which are liable to deteriorate or expire rapidly;
(e)the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons
and were unsealed after delivery;
(f)the supply of goods which are, after delivery, according to their nature, inseparably mixed with other
items;
(g)the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion
of the sales contract, the delivery of which can only take place after 30 days and the actual value of
which is dependent on fluctuations in the market which cannot be controlled by the trader;
(h)contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying
out urgent repairs or maintenance. If, on the occasion of such visit, the trader provides services in
addition to those specifically requested by the consumer or goods other than replacement parts
necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall
apply to those additional services or goods;
(i)the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed
after delivery;
(j)the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the
supply of such publications;
(k) contracts concluded at a public auction;
(l)the provision of accommodation other than for residential purpose, transport of goods, car rental services,
catering or services related to leisure activities if the contract provides for a specific date or period of
performance;
(m)the supply of digital content which is not supplied on a tangible medium if the performance has begun
with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of
withdrawal.
CHAPTER IV
OTHER CONSUMER RIGHTS […]

16
 3. Directive on Privacy and Electronic Communications (2002/58/EC)

Article 1
Scope and aim
1. This Directive harmonises the provisions of the Member States required to ensure an equivalent level
of protection of fundamental rights and freedoms, and in particular the right to privacy, with respect to the
processing of personal data in the electronic communication sector and to ensure the free movement of
such data and of electronic communication equipment and services in the Community.
2. The provisions of this Directive particularise and complement Directive 95/46/EC for the purposes
mentioned in paragraph 1. Moreover, they provide for protection of the legitimate interests of subscribers
who are legal persons.
3. This Directive shall not apply to activities which fall outside the scope of the Treaty establishing the
European Community, such as those covered by Titles V and VI of the Treaty on European Union, and in
any case to activities concerning public security, defence, State security (including the economic well-
being of the State when the activities relate to State security matters) and the activities of the State in
areas of criminal law.

Article 2
Definitions
Save as otherwise provided, the definitions in Directive 95/46/EC and in Directive 2002/21/EC of the
European Parliament and of the Council of 7 March 2002 on a common regulatory framework for
electronic communications networks and services (Framework Directive)(8) shall apply.
The following definitions shall also apply:
(a) "user" means any natural person using a publicly available electronic communications service, for
private or business purposes, without necessarily having subscribed to this service;
(b) "traffic data" means any data processed for the purpose of the conveyance of a communication on an
electronic communications network or for the billing thereof;
(c) "location data" means any data processed in an electronic communications network, indicating the
geographic position of the terminal equipment of a user of a publicly available electronic communications
service;
(d) "communication" means any information exchanged or conveyed between a finite number of parties
by means of a publicly available electronic communications service. This does not include any
information conveyed as part of a broadcasting service to the public over an electronic communications
network except to the extent that the information can be related to the identifiable subscriber or user
receiving the information;
(e) "call" means a connection established by means of a publicly available telephone service allowing
two-way communication in real time;
(f) "consent" by a user or subscriber corresponds to the data subject's consent in Directive 95/46/EC;
(g) "value added service" means any service which requires the processing of traffic data or location data
other than traffic data beyond what is necessary for the transmission of a communication or the billing
thereof;
(h) "electronic mail" means any text, voice, sound or image message sent over a public communications
network which can be stored in the network or in the recipient's terminal equipment until it is collected by
the recipient.

Article 3
Services concerned
1. This Directive shall apply to the processing of personal data in connection with the provision of
publicly available electronic communications services in public communications networks in the
Community.

17
2. Articles 8, 10 and 11 shall apply to subscriber lines connected to digital exchanges and, where
technically possible and if it does not require a disproportionate economic effort, to subscriber lines
connected to analogue exchanges.
3. Cases where it would be technically impossible or require a disproportionate economic effort to fulfil
the requirements of Articles 8, 10 and 11 shall be notified to the Commission by the Member States.

Article 4
Security
1. The provider of a publicly available electronic communications service must take appropriate technical
and organisational measures to safeguard security of its services, if necessary in conjunction with the
provider of the public communications network with respect to network security. Having regard to the
state of the art and the cost of their implementation, these measures shall ensure a level of security
appropriate to the risk presented.
2. In case of a particular risk of a breach of the security of the network, the provider of a publicly
available electronic communications service must inform the subscribers concerning such risk and, where
the risk lies outside the scope of the measures to be taken by the service provider, of any possible
remedies, including an indication of the likely costs involved.

Article 5
Confidentiality of the communications
1. Member States shall ensure the confidentiality of communications and the related traffic data by means
of a public communications network and publicly available electronic communications services, through
national legislation. In particular, they shall prohibit listening, tapping, storage or other kinds of
interception or surveillance of communications and the related traffic data by persons other than users,
without the consent of the users concerned, except when legally authorised to do so in accordance with
Article 15(1). This paragraph shall not prevent technical storage which is necessary for the conveyance of
a communication without prejudice to the principle of confidentiality.
2. Paragraph 1 shall not affect any legally authorised recording of communications and the related traffic
data when carried out in the course of lawful business practice for the purpose of providing evidence of a
commercial transaction or of any other business communication.
3. Member States shall ensure that the use of electronic communications networks to store information or
to gain access to information stored in the terminal equipment of a subscriber or user is only allowed on
condition that the subscriber or user concerned is provided with clear and comprehensive information in
accordance with Directive 95/46/EC, inter alia about the purposes of the processing, and is offered the
right to refuse such processing by the data controller. This shall not prevent any technical storage or
access for the sole purpose of carrying out or facilitating the transmission of a communication over an
electronic communications network, or as strictly necessary in order to provide an information society
service explicitly requested by the subscriber or user.

Article 6
Traffic data
1. Traffic data relating to subscribers and users processed and stored by the provider of a public
communications network or publicly available electronic communications service must be erased or made
anonymous when it is no longer needed for the purpose of the transmission of a communication without
prejudice to paragraphs 2, 3 and 5 of this Article and Article 15(1).
2. Traffic data necessary for the purposes of subscriber billing and interconnection payments may be
processed. Such processing is permissible only up to the end of the period during which the bill may
lawfully be challenged or payment pursued.
3. For the purpose of marketing electronic communications services or for the provision of value added
services, the provider of a publicly available electronic communications service may process the data
referred to in paragraph 1 to the extent and for the duration necessary for such services or marketing, if

18
the subscriber or user to whom the data relate has given his/her consent. Users or subscribers shall be
given the possibility to withdraw their consent for the processing of traffic data at any time.
4. The service provider must inform the subscriber or user of the types of traffic data which are processed
and of the duration of such processing for the purposes mentioned in paragraph 2 and, prior to obtaining
consent, for the purposes mentioned in paragraph 3.
5. Processing of traffic data, in accordance with paragraphs 1, 2, 3 and 4, must be restricted to persons
acting under the authority of providers of the public communications networks and publicly available
electronic communications services handling billing or traffic management, customer enquiries, fraud
detection, marketing electronic communications services or providing a value added service, and must be
restricted to what is necessary for the purposes of such activities.
6. Paragraphs 1, 2, 3 and 5 shall apply without prejudice to the possibility for competent bodies to be
informed of traffic data in conformity with applicable legislation with a view to settling disputes, in
particular interconnection or billing disputes.

Articles 7-12 […]

Article 13
Unsolicited communications
1. The use of automated calling systems without human intervention (automatic calling machines),
facsimile machines (fax) or electronic mail for the purposes of direct marketing may only be allowed in
respect of subscribers who have given their prior consent.
2. Notwithstanding paragraph 1, where a natural or legal person obtains from its customers their
electronic contact details for electronic mail, in the context of the sale of a product or a service, in
accordance with Directive 95/46/EC, the same natural or legal person may use these electronic contact
details for direct marketing of its own similar products or services provided that customers clearly and
distinctly are given the opportunity to object, free of charge and in an easy manner, to such use of
electronic contact details when they are collected and on the occasion of each message in case the
customer has not initially refused such use.
3. Member States shall take appropriate measures to ensure that, free of charge, unsolicited
communications for purposes of direct marketing, in cases other than those referred to in paragraphs 1
and 2, are not allowed either without the consent of the subscribers concerned or in respect of subscribers
who do not wish to receive these communications, the choice between these options to be determined by
national legislation.
4. In any event, the practice of sending electronic mail for purposes of direct marketing disguising or
concealing the identity of the sender on whose behalf the communication is made, or without a valid
address to which the recipient may send a request that such communications cease, shall be prohibited.
5. Paragraphs 1 and 3 shall apply to subscribers who are natural persons. Member States shall also ensure,
in the framework of Community law and applicable national legislation, that the legitimate interests of
subscribers other than natural persons with regard to unsolicited communications are sufficiently
protected.

Article 14 […]

Article 15
Application of certain provisions of Directive 95/46/EC
1. Member States may adopt legislative measures to restrict the scope of the rights and obligations
provided for in Article 5, Article 6, Article 8(1), (2), (3) and (4), and Article 9 of this Directive when such
restriction constitutes a necessary, appropriate and proportionate measure within a democratic society to
safeguard national security (i.e. State security), defence, public security, and the prevention, investigation,
detection and prosecution of criminal offences or of unauthorised use of the electronic communication
system, as referred to in Article 13(1) of Directive 95/46/EC. To this end, Member States may, inter alia,

19
adopt legislative measures providing for the retention of data for a limited period justified on the grounds
laid down in this paragraph. All the measures referred to in this paragraph shall be in accordance with the
general principles of Community law, including those referred to in Article 6(1) and (2) of the Treaty on
European Union.
2. The provisions of Chapter III on judicial remedies, liability and sanctions of Directive 95/46/EC shall
apply with regard to national provisions adopted pursuant to this Directive and with regard to the
individual rights derived from this Directive.
3. The Working Party on the Protection of Individuals with regard to the Processing of Personal Data
instituted by Article 29 of Directive 95/46/EC shall also carry out the tasks laid down in Article 30 of that
Directive with regard to matters covered by this Directive, namely the protection of fundamental rights
and freedoms and of legitimate interests in the electronic communications sector.

Articles 16-21 […]

20
 4. C-511/08 Heinrich Heine

JUDGMENT OF THE COURT (Fourth Chamber)

15 April 2010 (*)
In Case C-511/08,
REFERENCE for a preliminary ruling under Article 234 EC from the Bundesgerichtshof (Germany),
made by decision of 1 October 2008, received at the Court on 25 November 2008, in the proceedings
Handelsgesellschaft Heinrich Heine GmbH
v
Verbraucherzentrale Nordrhein-Westfalen eV,
Judgment
[…]

The main proceedings and the question referred

16 Handelsgesellschaft Heinrich Heine is a mail-order company. Its general conditions of sale provide
that the consumer is to pay a flat-rate charge of EUR 4.95 for delivery, which the supplier will not
refund in the event of withdrawal from the contract.
17 Verbraucherzentrale Nordrhein-Westfalen, which is a consumer association constituted under
German law, brought an action against Handelsgesellschaft Heinrich Heine for an injunction to
restrain it from charging consumers the cost of delivering the goods in the event of withdrawal.
18 The first instance court granted the injunction sought by Verbraucherzentrale Nordrhein-Westfalen.
19 The appeal brought against that judgment by Handelsgesellschaft Heinrich Heine was dismissed by
the Oberlandesgericht (Higher Regional Court) Karlsruhe.
20 Handelsgesellschaft Heinrich Heine then brought an appeal on a point of law (‘Revision’) before the
Bundesgerichtshof (German Federal Court of Justice), which states explicitly that German law does
not grant the buyer any right to reimbursement of the costs of delivering the goods ordered.
21 However, in the view of that court, if Directive 97/7 were to be analysed as precluding the charging
of the costs of delivering the goods to the consumer where he withdraws from the contract, the
relevant provisions of the BGB would have to be interpreted in conformity with that directive as
meaning that the supplier would then be required to reimburse such costs to the consumer.
22 The Bundesgerichtshof considers, however, that it is not in a position to determine, with the required
level of certainty, the interpretation to be given to that directive and, in particular, Article 6(1) and
(2) thereof.
23 In that regard, the Bundesgerichtshof raises several arguments which could support the view that the
directive does not preclude legislation such as that at issue in the main proceedings.
24 Thus, first of all, the words ‘infolge der Ausübung seines Widerrufsrechts’ (‘because of the exercise
of his right of withdrawal’) in the German version of Article 6(1), first subparagraph, second
sentence, and Article 6(2), second sentence, of Directive 97/7 could suggest that those provisions
relate only to the costs incurred as a result of exercising the right of withdrawal, excluding costs of
delivering the goods which have already been incurred at the date of withdrawal. Other language
versions of the directive, in particular the French and English versions, could support that
interpretation.
25 Second, Article 6(2), first sentence, of the directive does not prevent, in the event of withdrawal, the
supplier from obtaining compensation for the value of the goods or services used by the consumer
which, because of their nature, cannot be returned. Therefore, it would be consistent with Article 6
to acknowledge that delivery of the goods is a service in respect of which the consumer should refund
to the supplier a replacement value equal to the delivery costs and that, consequently, the supplier’s
obligation of reimbursement should be reduced accordingly.
26 Third, it is not certain that the aim of consumer protection expressed in particular in recital 14 in the
preamble to Directive 97/7 requires reimbursement of the costs of delivering the goods. When

21
 making an ordinary purchase, the consumer has to bear the cost of travelling to the shop, not to
mention the time spent travelling there.
27 In those circumstances, the Bundesgerichtshof decided to stay the proceedings and to refer the
following question to the Court of Justice for a preliminary ruling:
‘Are the provisions of Article 6(1), [first subparagraph], second sentence, and Article 6(2) of
Directive [97/7] to be interpreted as precluding national legislation which allows the costs of
delivering the goods to be charged to the consumer even where he has withdrawn from the contract?’
The question referred for a preliminary ruling
[…]
The Court’s response
Preliminary observations
38 It should be noted at the outset that it is apparent from recital 4 in the preamble to Directive 97/7 that
that directive seeks to introduce at European Union level a minimum set of common rules in the area
of distance contracts.
39 In particular, Article 6(1), first subparagraph, first sentence, of that directive affords consumers a
right of withdrawal which they may exercise, within a specific time-limit, without penalty and
without giving any reason.
40 As regards the legal consequences of the withdrawal, Article 6(2), first and second sentences, of
Directive 97/7 provide that ‘the supplier shall be obliged to reimburse the sums paid by the consumer
free of charge. The only charge that may be made to the consumer because of the exercise of his right
of withdrawal is the direct cost of returning the goods’.
41 However, it is apparent from recital 14 in the preamble to the directive that the harmonisation of the
legal consequences of the withdrawal is not complete and that it is thus for the Member States to
‘determine the other conditions and arrangements following exercise of the right of withdrawal’.
Interpretation of the phrase ‘sums paid by the consumer’
42 In the main proceedings, the question which arises is whether the scope of Article 6(1) and (2) of
Directive 97/7 covers the charging of the costs of delivering the goods where the consumer exercises
his right of withdrawal or whether, on the contrary, it is for the Member States to determine how
such costs are to be charged.
43 In that regard, it should be noted that the wording of Article 6(2), first sentence, of that directive
imposes on the supplier, in the event of the consumer’s withdrawal, a general obligation to reimburse
which covers all of the sums paid by the consumer under the contract, regardless of the reason for
their payment.
44 Contrary to what the German Government submits, it is not apparent from the wording of Article 6
of Directive 97/7 or from the general scheme thereof that the terms ‘sums paid’ must be interpreted
as referring solely to the price paid by the consumer, excluding the costs borne by him.
45 Directive 97/7, under Article 4 thereof, makes a distinction between the price of the goods and the
delivery costs only in relation to the information to be made available to the consumer by the supplier
prior to conclusion of the contract. By contrast, as regards the legal consequences of the withdrawal,
that directive does not make such a distinction and thus covers all of the sums paid by the consumer
to the supplier.
46 That interpretation is also confirmed by the very wording of the phrase ‘the only charge that may be
made to the consumer’, used in Article 6(2), second sentence, to designate ‘the direct cost of returning
the goods’. As pointed out by the Advocate General in point 32 of his Opinion, the words ‘the only
charge’ make a strict interpretation of that provision necessary and render that exception exhaustive.
47 Consequently, it is apparent from the above that the term ‘sums paid’ in Article 6(2), first sentence,
of Directive 97/7 encompasses all of the sums paid by the consumer to cover the costs incurred under
the contract, subject to the interpretation to be given to Article 6(2), second sentence, of that directive.
Interpretation of the phrase ‘because of the exercise of his right of withdrawal’
48 As pointed out in paragraph 35 above, the German Government also claims that the words ‘because
of the exercise of his right of withdrawal’, in Article 6(1), first subparagraph, second sentence, and

22
 Article 6(2), second sentence, of Directive 97/7, relate not to all of the costs to be charged to the
consumer, but only to those connected with the exercise of the right of withdrawal. Therefore, it
claims that those provisions regulate only the situation as regards costs caused by the withdrawal.
49 It should be noted, at the outset, that in certain language versions the wording of Article 6(1), first
subparagraph, second sentence, and Article 6(2), second sentence, of the directive can be interpreted
either as relating only to costs incurred following the exercise of the right of withdrawal and caused
by it, or as relating to all of the costs incurred by the conclusion, performance or termination of the
contract which may be charged to the consumer if he exercises his right of withdrawal.
50 As the Advocate General noted in point 41 of his Opinion, even if the German, English and French
versions of Directive 97/7 use respectively the terms ‘infolge’, ‘because of’ and ‘en raison de’, other
language versions of that directive, in particular the Spanish and Italian, do not use such terms, but
merely refer to consumers who exercise their right of withdrawal.
51 According to settled case-law, the need for a uniform interpretation of European Union directives
makes it impossible for the text of a provision to be considered, in case of doubt, in isolation; on the
contrary, it requires that it be interpreted and applied in the light of the versions existing in the other
official languages (see, to that effect, Case C-296/95 EMU Tabac and Others [1998] ECR I-1605,
paragraph 36; Case C-321/96 Mecklenburg [1998] ECR I-3809, paragraph 29; Case
C-375/07 Heuschen & Schrouff Oriental Foods Trading [2008] ECR I-8691, paragraph 46; and Case
C-199/08 Eschig [2009] ECR I-0000, paragraph 54). In addition, where there is divergence between
the various language versions of a European Union text, the provision in question must be interpreted
by reference to the purpose and general scheme of the rules of which it forms part (see Case
C-437/97 EKW and Wein & Co. [2000] ECR I-1157, paragraph 42; Case C-457/05 Schutzverband
der Spirituosen-Industrie [2007] ECR I-8075, paragraph 18; and Case C-239/07 Sabatauskas and
Others [2008] ECR I-7523, paragraph 39).
52 The interpretation of Article 6(1), first subparagraph, second sentence, and Article 6(2), second
sentence, of Directive 97/7, to the effect that those provisions relate to all of the costs incurred by the
conclusion, performance and termination of the contract which may be charged to the consumer if
he exercises his right of withdrawal, is in line with the general scheme and purpose of that directive.
53 First, that interpretation is supported by the fact that, even in the language versions of Directive 97/7
which use, in Article 6, the term ‘because of’ or a similar expression, recital 14 in the preamble to
the directive refers to the costs borne by the consumer ‘when exercising the right of withdrawal’. It
follows that, contrary to what the German Government claims, Article 6(1), first subparagraph,
second sentence, and Article 6(2), second sentence, of the directive relate to all of the costs incurred
under the contract and not only costs incurred following the exercise of the right of withdrawal and
caused by it.
54 As regards, second, the purpose of Article 6 of Directive 97/7, it should be made clear that recital 14
in the preamble to that directive states that the prohibition of imposing on consumers, where they
withdraw from the contract, the costs incurred under that contract serves to ensure that the right of
withdrawal guaranteed by that directive is ‘more than formal’ (see, in that regard, Case
C-489/07 Messner [2009] ECR I-0000, paragraph 19). Since Article 6 thus clearly has as its purpose
not to discourage consumers from exercising their right of withdrawal, it would be contrary to that
objective to interpret Article 6 as authorising the Member States to allow delivery costs to be charged
to consumers in the event of such withdrawal.
55 It should be noted, in that regard, that Article 6(1), first subparagraph, second sentence, and Article
6(2), second sentence, of the directive authorise suppliers to charge consumers, in the event of their
withdrawal, only the direct cost of returning the goods.
56 If consumers also had to pay the delivery costs, such a charge, which would necessarily dissuade
consumers from exercising their right of withdrawal, would run counter to the very objective of
Article 6 of the directive, as noted in paragraph 54 above.

23
57 In addition, charging them in that way would compromise a balanced sharing of the risks between
parties to distance contracts, by making consumers liable to bear all of the costs related to transporting
the goods.
58 Furthermore, the fact that the consumer has been informed of the amount of the delivery costs prior
to concluding the contract cannot neutralise the dissuasive effect which the charging of those costs
to the consumer would have on his exercise of his right of withdrawal.
59 In the light of all of the above considerations, the answer to the question referred is that Article 6(1),
first subparagraph, second sentence, and Article 6(2) of Directive 97/7 must be interpreted as
precluding national legislation which allows the supplier under a distance contract to charge the costs
of delivering the goods to the consumer where the latter exercises his right of withdrawal.

Costs […]

On those grounds, the Court (Fourth Chamber) hereby rules:

Article 6(1), first subparagraph, second sentence, and Article 6(2) of Directive 97/7/EC of the
European Parliament and of the Council of 20 May 1997 on the protection of consumers in
respect of distance contracts must be interpreted as precluding national legislation which
allows the supplier under a distance contract to charge the costs of delivering the goods to the
consumer where the latter exercises his right of withdrawal.

24
5. Brussels (Recast) Regulation (1215/2012/EU)

Article 18

1. A consumer may bring proceedings against the other party to a contract either in the courts of the
Member State in which that party is domiciled or, regardless of the domicile of the other party, in the
courts for the place where the consumer is domiciled.

2. Proceedings may be brought against a consumer by the other party to the contract only in the courts
of the Member State in which the consumer is domiciled.

3. This Article shall not affect the right to bring a counter-claim in the court in which, in accordance
with this Section, the original claim is pending.

6. Rome I Regulation (593/2008/EC)

Article 6
Consumer contracts

1. Without prejudice to Articles 5 and 7, a contract concluded by a natural person for a purpose which
can be regarded as being outside his trade or profession (the consumer) with another person acting in
the exercise of his trade or profession (the professional) shall be governed by the law of the country
where the consumer has his habitual residence, provided that the professional:
(a) pursues his commercial or professional activities in the country where the consumer has his
habitual residence, or
(b) by any means, directs such activities to that country or to several countries including that
country,
and the contract falls within the scope of such activities.
2. Notwithstanding paragraph 1, the parties may choose the law applicable to a contract which fulfils
the requirements of paragraph 1, in accordance with Article 3. Such a choice may not, however, have
the result of depriving the consumer of the protection afforded to him by provisions that cannot be
derogated from by agreement by virtue of the law which, in the absence of choice, would have been
applicable on the basis of paragraph 1.
3. If the requirements in points (a) or (b) of paragraph 1 are not fulfilled, the law applicable to a
contract between a consumer and a professional shall be determined pursuant to Articles 3 and 4.
4. Paragraphs 1 and 2 shall not apply to:
(a) a contract for the supply of services where the services are to be supplied to the consumer
exclusively in a country other than that in which he has his habitual residence;
(b) a contract of carriage other than a contract relating to package travel within the meaning of
Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and
package tours;
(c) a contract relating to a right in rem in immovable property or a tenancy of immovable property
other than a contract relating to the right to use immovable properties on a timeshare basis within
the meaning of Directive 94/47/EC;
(d) rights and obligations which constitute a financial instrument and rights and obligations
constituting the terms and conditions governing the issuance or offer to the public and public
take-over bids of transferable securities, and the subscription and redemption of units in

25
 collective investment undertakings in so far as these activities do not constitute provision of a
financial service;
(e) a contract concluded within the type of system falling within the scope of Article 4(1)(h).

26