The Legal Framework on e commerce explained Katerina Galanopoulou by 6gPcYYW

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									 The Legal Framework on e-commerce
              explained



By Katerina Galanopoulou
License Compliance & Anti-piracy Manager
Microsoft Hellas S.A.
Agenda
Current legislation
Directive 2000/31/EC on the e-commerce
Implementation conditions
Rights of the recipients
E-commerce in real life
The E-shop website
Data protection
IPRs
Current legislation
Directive 2000/31/EC on the e-commerce (that covers
services and contracts for the sale of goods)

Directive 2002/58/EC on privacy and electronic
communications

Directive 97/7/EC on the protection of consumers during long-
distance contracts (that covers the regulative and
administrative approach on long distance contracting.
   So, let’s talk about the Directive 2000/31/EC on
                    the e-commerce
What are the information society services?

   B2B services,
   B2C services,
   services provided free to the recipient which are financed e.g. by
   sponsoring, services allowing online transactions.
Conditions for its implementation


      Internal market clause
Conditions for its implementation
             (con’d)

Principle excluding prior authorisation
     Conditions for its implementation
                  (con’d)

   Contracts concluded by electronic means

Member states obligations

Exceptions

Information to be exchanged for the conclusion of the contract – placing of
the order.
Conditions for its implementation
             (con’d)

   No general obligation to monitor
      Conditions for its implementation
                   (con’d)
•   Code of conduct
•   Out of court dispute settlement
•   Court decisions
•   Cooperation
•   Appropriate communication
               Rights of the recipients
              Access to general information
Easy, direct and permanent access to:
–   name of the service provider,
–   establishment,
–   contact details,
–   registration of the service provider (if applicable),
–   any supervisory issues,
–   tax id (if the activity is subject to VAT),
–   applicable rules (for regulated professions).
     Rights of the recipients (con’d)

Unsolicited commercial communication


- clearly identified as soon as they are received by the
   recipient.

- Opt out right
      Rights of the recipients (con’d)

        Commercial communication

• Clear identification

Two types:
• Email marketing (opt-in)
• Telemarketing
     Rights of the recipients (con’d)

Is there liability of intermediary service providers



For illegal and/or harmful content published or
information exchanged?
So…. Now you know the basic legal framework…



What does this mean?
              E-commerce in real life….

E-Shop.gr

Issues they faced…
- personal data protection and process: customer explicit
    consent
- transactions security: appropriate technology
- credit card frauds: ID and credit card report – what about
    practices abroad?
- logistics: high cost
       The E-Shop website
       Customer communication channels


Web site ( www.e-shop.gr )
 • The main channel that has every day more than
   90,000 unique users
 • User friendly web site (Easy web surfing - Product
   categorization)
 • The customers may order or to check the stage of
   their order online

Call center
 • Well trained sales people assist the customer during
   the ordering process
 • Order through fax

PoS (Points of Sale)
 • 10 Retail points in Athens
 • 50 e-shop points for retail customers all over
   Greece
 • Β2Β department for corporate customers
      Order process



     Ways of order, payment, delivery
     and return of products


                              About the company
     Communication with the company

Feedback / Complaints

                           Data protection
                      Data protection section


• No further distribution of the personal data, to other organizations or
partners NOT connected to e-shop

• Personal data only for the order of the product, the registration to the
website and email to e-shop
                 Data protection section (con’d)
•Data provided:
    1) data provided during registration,
    2) data provided during the order,
    3) data provided in the frame of competitions,
    4) data provided for the activation of telephone and internet services.

•Data used for :
    1) delivery,
    2) confirmation and verification of customer (in extreme cases),
    3) new or alternate products,
    4) special offers,
    5) activation of telephone and internet services,
    6) delivery of presents after competitions.

•Opt-in and opt-out right (!!!)
                Data protection section (con’d)
•Access to data:
    1) Only by e-shop designated employees
    2) Exception after legal or judicial request

• Cookies

• Deletion of data by the consumer results to immediate deletion from
website

•Secure Socket Layer
                                      IPRs
•Website: non exclusive, non transferable, personal, limited access, use
and presentation right

• No liability in relation to the website and its content
Any questions???



   Thank you….

								
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