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….
Pages to are hidden for
"The Legal Framework on e commerce explained Katerina Galanopoulou"Please download to view full document