Presentation About E Commerce

Presentation About E Commerce

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  Cross BorderE –Commerce
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  INTRODUCTIONElectronic commerce coversany form of business or administrative transaction or information exchange that is executed using any information and communications technologyWWW, internet shopping and online contracting: a new commercial scenarioA legal change or a security requirement?E-commerce: B2B, B2C
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  THE LEGAL FRAMEWORKThe"legal issues" break down into:Contractual solutions;Codes of conduct;Statutes;International conventionsNo borders or distance?Need of legal developmentIn UK/EU: Council Directive 2000/31 EC & Electronic Commerce (EC Directive) Regulations 2002
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  THE LEGAL FRAMEWORK(II)Directive: most types of commercial provisions of servicesNo simple e-mail communications; left to national developmentUK Regulation:Provision of good, services and information to consumers; i.e. web based
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  FORMATION AND PROOFOF CONTRACTOffer or invitation to treatE-mail: supplier makes the offerWebsite: customer makes the offerAcceptanceE-mail accepting the offerWebsite: reception of supplier’s acknowledgement by customerIncorporation of terms As with any other contract
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  EXECUTION OF DOCUMENTS:SIGNATURENeed of signature in electronic contracts?In electronic terms: validation of the authenticity or consent by signatureRegulated by Electronic Communications Act 2000: for signature certification
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  EXECUTION OF DOCUMENTS:SECURITYNot a legal consideration, but important to know:technical security: protection against improper usecommercial security: security in the transactionlegal security: compliance with legal frameworkSolution:External validationDigital signatures EncryptionTrusted third parties for payments
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  APPLICABLE LAW ANDJURISDICTIONApplicable law and Jurisdiction : choice of law by the partiesConsumers: law of their country of residenceIf above rule does not apply (i.e. EU and non EU parties) , laws of forum of dispute
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  LEGAL FRAMEWORKRegulation relates,mostly, to website based commerceTends to level playing field:Fair consumer practiceFreedom of moveRights of establishmentFair competition practicesAny transaction within EU, should follow these principles
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  B2C E-COMMERCEConsumer (naturalperson not acting for trade, business or profession) purchase of goods/services via websiteRegulated by Electronic commerce (EC Directive) Regulations 2002Requirement of transparency:Identity, location and contact details of providerProfessional and regulatory informationPrices clearly indicated
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  B2C E-COMMERCE (II)Whereprovider has TOBs applicable, must make them available:prior to placing an orderin a way that allows storage and reproduction (also if concluded by e-mail)If order is through technological meansacknowledgement of order without delayallowance to consumer to correct input errors (not if concluded by e-mail)
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  B2C E-COMMERCE (III)Noguidance for the special case of website provider which merely:intermediates (i.e. eBay)stores HostsSoon to be solved with L'Oréal SA v eBay International (preliminary EU law question currently in ECJ)
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  B2B E-COMMERCEImportant awarenessof legal content of the communicationsRisks:Concerted practicesUse of confidential information or copyrightsFailing to deal with important points:Applicable law and jurisdictionTerms
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  IP IN E-COMMERCEDomainname:Domain names are the human-friendly forms of Internet addresses, and are commonly used to find web sitesDomain name disputes are the largest number of e-commerce related disputes:Right to use a domain name; cybersquattingCriminal activity under a domainResolved:Recurring to litigationUsing dispute resolution mechanisms
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  IP IN E-COMMERCE(II)Passing off:Passing off one’s products of services as those of anotherUnregistered rightMust be reputationMisrepresentation leading to confusionDamage must resultMay also involve copyright infringementE.g. domain name passing off as other’s brand, products or servicesPhones 4u Ltd and another v. Phone4u.co.uk Internet Ltd
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  IP IN E-COMMERCE(III)Trade marksname or logo of a businesscontains the essence of the goodwill and reputation of a particular company or product owned by a companyregistered (for 10 years) or unregisteredCases in ECJ for preliminary ruling:Interflora Inc v Marks & Spencer plc (uses of keywords part of trade mark of another)L'Oréal SA v eBay International: origin of product
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  IP IN E-COMMERCE(IV)Copyright:Work of artistic or literary merit; no copyright in ideasNo registration necessaryProtection for life + 70 (or 25) yearsInfringement if copy exists and provedAlmost everything in a website has copyrightAny download and copy can be infringementIncluding second and subsequent infringements
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  Thanks for listeningContact:E-mail:alfonso.valero@lawinsport.com