QuickLinks - Electronic commerce
Issue no. 248 - 27 October 2002
- ES - Entra en vigor la LSSICE
El 12 de octubre de 2002 entra en vigor la Ley de Servicios de la Sociedad de la Información y de Comercio Electrónico (LSSICE), un texto legal preparado por el ejecutivo de José María Aznar para "generar la confianza necesaria" en el empleo de los nuevos medios telemáticos. La LSSICE es la transposición a la legislación española de una directiva europea, la 2000/31/CE, sobre comercio electrónico y afecta a todos los sitios de Internet que ejercen algún tipo de actividad económica desde el territorio español.
Issue no. 247 - 19 October 2002
- US - Hands off of Net shopping
Americans shopping on the Internet have an unlikely friend who is beginning to fight for lower prices on their behalf: Uncle Sam. It's easy to beat up on the federal government, and many criticisms are justified. But occasionally, once every few decades or so, the federal government does something worthwhile. And striving toward cheaper products and more efficient online markets is entirely praiseworthy. In this case, the federal government is fighting against tax-happy state legislators. The latter are becoming increasingly worried about their residents buying cheaper products over the Internet--and not paying state sales taxes or funneling purchases through local campaign-contributing businesses. Prohibitions vary, but products that can't be legally purchased online in some states include cars, fine wine, funeral caskets--and even contact lenses.
- US - House passes Internet gambling bill
The House tried to strike a blow against Internet gambling with passage of a bill to make it illegal to use credit cards or any form of electronic payment for the illegal offshore activity. It now goes to the Senate, where it faces an uncertain future because only a few weeks are left in the legislative session.
Issue no. 246 - 29 September 2002
- US - Online Gaming Illegal (Wink Wink)
Despite the defection of several big-name credit card issuers and a recent Justice Department "advisory" declaring all Internet gambling illegal, many watchers of online casino operations remain convinced the industry is still on a roll. As proof, they cite a federal court decision in Louisiana that could de-fang the Justice Department's virtual bite, Congress' repeated repudiation of such measures as the Internet Gambling Prohibition Act and a successful Nevada ballot initiative directing the state legislature to begin issuing online gambling licenses. (Several Las Vegas casinos now operate online by way of the Isle of Man.)
Issue no. 244 - 7 September 2002
- UE- Les soldes prennent des libertés chez les Quinze
Les eurodéputés déréglementent les ventes promotionnelles. La gauche européenne a tenté de voler au secours du petit commerce. Mais, au final, c'est la logique libérale prônée par la Commission européenne qui l'a emporté à Strasbourg, au Parlement européen. Par 359 voix contre 164 et 39 abstentions, les eurodéputés ont largement déréglementé les ventes promotionnelles afin, notamment, de permettre à la grande distribution de mener ses opérations au niveau européen sans s'encombrer des particularismes nationaux.
Issue no. 243 - 31 August 2002
- UK - E-commerce Regulations now in force
The Electronic Commerce (EC Directive) Regulations 2002, which implement the E-commerce Directive, came into force on 21 August 2002. Accordingly, businesses providing services over the Internet now need to ensure that they comply with the requirements of the new Regulations. Generally, the Regulations closely follow the Directive, although some changes have been made following consultation.
- DE - Apotheker-Verband stellt Strafanzeige gegen Internet-Apotheke
Der Bundesverband Deutscher Apotheker (BVDA) hat Strafanzeige gegen die Internet-Apotheke DocMorris und zwei mit ihr abrechnenden gesetzlichen Krankenkassen gestellt. Der Apothekerverband wirft der Internet-Apotheke mit Sitz in den Niederlanden vor, gefährliche Arzneimittel zu vertreiben und dabei nicht ausreichend auf Nebenwirkungen hinzuweisen. Darüber hinaus verstoße sie gegen das in Deutschland geltende Versandhandelsverbot mit Medikamenten.
- US - PayPal settles with N.Y. over gambling
PayPal will no longer allow residents of New York State to use its online payment service for gambling, under an agreement the company reached with the state attorney general's office. PayPal will stop processing payments from New York customers to Internet casino Web sites as of Sept. 1. PayPal will also pay $200,000 in disgorged profits, costs of investigation and penalties, the attorney general's office said. New Yorkers make up about 1.1 million of PayPal's 17.8 million member accounts, according to the agreement.
Issue no. 241 - 24 July 2002
Issue no. 240 - 14 July 2002
- DE - Stoiber will Medikamentenhandel im Internet verhindern
Gegen einen Versandhandel von Medikamenten über das Internet hat sich der bayerische Ministerpräsident und Unions-Kanzlerkandidat Edmund Stoiber (CSU) ausgesprochen. Bei einer Lockerung des bestehenden Verbots würde die konkrete und fachliche Beratung durch den Apotheker fehlen, sagte Stoiber bei einem Treffen mit dem Präsidenten der Bundesvereinigung Deutscher Apotheker, Hans-Günter Friese, in München.
- US - EBay Says No to PayPal Gambling
Online gamblers, most of whom can no longer use U.S. credit cards to fund their habit, are about to lose yet another payment option. Under the terms of its planned purchase of PayPal, eBay said it intends to stop offering the payment service for Internet gambling transactions.
Issue no. 239 - 30 June 2002
- EU - Council adopts Directive on distance marketing of financial services
The Health Council on 26 June adopted the Directive on distance marketing of financial services. The adoption of the Directive for the distance marketing to consumers of financial services by the Council follows the adoption by the Parliament in second reading (see EurActiv 14 May 2002). The Directive lays down common rules on selling contracts for credit cards, investment funds, pension plans, etc. to consumers by phone, fax or internet. The Directive is said to fill the 'legal gap' in existing consumer protection legislation, left by the exclusion of financial services from the Directive on distance selling of 1997. The Directive's main features are:
Issue no. 237 - 16 June 2002
- US - Citibank agrees to block online gambling with credit cards
Citibank, the nation’s largest credit card issuer, has agreed to block online gambling transactions using its credit cards, the New York state attorney general said. The agreement is expected to significantly reduce illegal, underage and potentially addictive Internet gambling, Spitzer said. It applies to all Internet gambling transactions, not just those in New York, and goes into effect in 60 days. Other companies, including Bank of America, MBNA and Chase Manhattan Bank, also have begun blocking the gambling transactions.
- US - Web gambling ban effort slows on dog track concern
An effort to ban Internet-based gambling was slowed by opponents who said the bill would hurt dog tracks, intrude on people's private lives and lead to excessive regulation of the global computer network. The debate in the House or Representatives Judiciary Committee showed the difficulty of trying to pass a bill that would ban the unregulated, offshore gambling sites without stepping on the toes of the established, highly regulated domestic gambling industry.
Issue no. 236 - 8 June 2002
Issue no. 233 - 4 May 2002
- Korea - Gambling is illegal also when online
Gostop, a Korean card game, is still gostop when played online, and running a gostop competition online with paying participants is still a form of gambling, the Supreme Court ruled.
Issue no. 232 - 28 April 2002
- Deutschland - Unterschriftenaktion gegen Internetapotheken
Deutschlands Apotheker machen mobil gegen den Versandhandel von Arzneimitteln: Seit einer Woche sammeln sie in 21.500 Apotheken Unterschriften von Kunden und Patienten, um die Einführung von Internetapotheken zu verhindern.
- USA - Courts OKs Seizure Of Net Gambling Cash Destined For U.K.
A federal appeals court has upheld what the U.S. government says is its right to seize revenue that was on its way to an online gambling outfit in the U.K. where the betting was entirely legal. A three-judge panel of the 3rd Circuit's Court of Appeals said U.S. gambling laws could be used to wrest more than $1.3 million from an operation based on the Isle of Man because bets by American gamblers touched down at a New Jersey company that served as a relay for funds transfers by wire.
Issue no. 230 - 7 April 2002
- EU - Regulations not keeping up with technology
The European Union’s directives on e-commerce and electronic signatures should help legal certainty in e-commerce. But those directives start to show their weaknesses when put into practice, accoring to a report Framework conditions for e-commerce: all in good order? (Deutsche Bank).
- UK - Government to regulate online gambling
Internet bookmakers may be awarded quality guarantee Kitemarks under government proposals to stimulate and liberalise gambling, it was announced .
- Hotels enter online booking fray
While online spending for hotels remains small compared to airline tickets, the marketplace is growing fast - annual sales are expected to reach $7.7 billion by 2006, or double the forecast for 2002. Yet many of the nation’s leading hotel chains have little to celebrate because consolidators and Internet travel companies control as much as 95 percent of these sales. Ready to defend themselves and to try to recapture lost revenues, five major hotel firms will begin a joint online-distribution venture in late spring or early summer called the Hotel Distribution Network, or HDS.
Issue no. 228 - 17 March 2002
- Japan - Gov't to regulate online auction sites
The government decided to amend a law governing trade of antiques to include regulations on online auction sites and operators to prevent the sale of stolen goods on the Internet. The operators will be required to register their sites with the government and display a seal of approval on their web sites if they meet related standards by a national government watchdog.
- South Africa - E-bill goes to parliament
The long awaited Electronic Communications and Transactions (ECT) Bill is scheduled to be tabled in parliament. The 100-page Bill covers a great deal of territory in an attempt to bring South African legislation into the Internet era in a single document, but has already stirred up a great deal of controversy. If accepted, the bill will almost immediately give legal recognition to e-mail and digital signatures, provide consumer protection in e-commerce transactions and formally criminalise several types of cybercrime.
- USA - House panel approves Net gambling ban
The House Judiciary subcommittee on crime voted unanimously to approve a measure that would update the Wire Act of 1961, which bans interstate wagers, so it would clearly apply to the Internet and other modern communications, as well as telephone lines.
Issue no. 225 - 24 February 2002
Issue no. 224 - 16 February 2002
- EU - E-commerce and car distribution
Mr Erkki Liikanen, Member of the European Commission, responsible for Enterprise and the Information Society, Automotive Fellowship International Ltd., London, 14 February 2002.
- Making cents on the Internet - Internet payments
PayPal is one of a group of firms trying to pioneer systems for making small payments on the web. If they succeed, they will transform e-commerce
Issue no. 223 - 10 February 2002
Issue no. 221 - 26 January 2002
Issue no. 220 - 19 January 2002
- Europe takes a front seat in Net rulemaking
Increasingly U.S. companies must design products and make business decisions based on strict regulatory hurdles in Europe. In fact, European regulations governing hot-button technology issues such as privacy, antitrust and taxation are beginning to play as much of a role as American regulations for businesses on both sides of the Atlantic
- EU - Move on European sales promotions faces delay
Radical plans by the European Commission to allow companies to run Europe-wide sales promotions are being threatened by several EU governments, including France and Germany. Commission officials said nine countries - Sweden, France, Finland, Germany, Austria, Italy, Spain, Denmark and Greece - were trying to delay the Commission's proposals to outlaw barriers to cross-border sales promotions such as discounts and "two-for-one" offers.
Issue no. 218 - 6 January 2002
- UK - Delay in Implementation of E-Commerce Directive
The DTI will fail to meet the deadline for implementation of the E-Commerce Directive, which was due by 17 January 2002. The DTI consultation on its approach to implementing the E-commerce Directive closed on 2 November 2001. But the responses highlighted the need for further clarification on the proposals. As a result the DTI announced that there will be further consultation before implementation of the Directive in the UK.
Issue no. 217 - 16 December 2001
- Auction Sites Love the Euro
While much of Western Europe frets over the launch of euro notes and coins next month, Europe's online auctioneers are saying "Bring it on!"
Issue no. 215 - 2 December 2001
Issue no. 213 - 11 November 2001
- Electronic Commerce Legal Issues Platform
Upcoming ECLIP workshops: 8th Workshop on E-Commerce Taxation (Duesseldorf, 29 November), 9th Workshop on Liability and E-Commerce (Namur, 6 December 2001), 10th Workshop on Contracts and E-Commerce (Namur, 7 December 2001).
- Rep. Goodlatte Intros Bill To Outlaw Internet Gambling
House lawmakers introduced legislation to outlaw most forms of Internet gambling, a rapidly growing and unregulated $6 billion industry fed largely by U.S. demand. The measure would make it illegal for banks and individuals to knowingly accept credit cards, checks or electronic fund transfer as payment for Internet gambling
- Deutschland - BGH: Internet-Auktionen sind rechtsverbindlich
Der Bundesgerichtshof (BGH) hat in einem Grundsatzurteil Internet-Auktionen für rechtlich verbindlich erklärt. Der beklagte Anbieter eines fabrikneuen VW-Passat Variant muss nach dem letztinstanzlichen Urteil nun das Auto an den Käufer zum Preis von 26.000 Mark liefern.
- Secrets Of Lucrative Online Auctions - Research
An online auction will fetch the most money if the item is accompanied by a photo, the auction expires on a weekend, the seller is well-respected and highly rated, and the sale stretches out as long as possible, a long-term study suggests.
Issue no. 211 - 20 October 2001
- Australia - Red Tape Hurdles In Net Gambling Ban
(Computer Daily News)
Australia's Internet Industry Association (IIA) has given an indication of how complicated the Australian government's ban on Internet gambling will be in a notification of scheduled filters and procedures for Internet service providers (ISPs) to use to block gambling sites. IIA Releases Draft Interactive Gambling Code of Practice (Press Release). The Code is intended to shield IIA members and those providing internet access to third parties from the requirement to block content hosted offshore and possible criminal sanctions under the Interactive Gambling Act 2001.
Issue no. 210 - 14 October 2001
Issue no. 209 - 1 October 2001
- EU - Distance selling of financial services directive agreed in Council
Results of the Internal Market/Consumer Affairs/Tourism Council, 27th September 2001. The Council reached, with a qualified majority, political agreement on a Common Position concerning the proposed Directive for the distance selling of financial services which sets common rules for selling contracts for credit cards, investment funds, pension plans, etc. to consumers by phone, fax or internet). Its main features are (1) the prohibition of abusive marketing practices seeking to oblige consumers to buy a service they have not solicited ("inertia selling"); (2) rules to restrict other practices such as unsolicited phone calls and e-mails ("cold calling" and "spamming"); (3) an obligation to provide consumers with comprehensive information before a contract is concluded and (4) a consumer right to withdraw from the contract during a cool-off period - except in cases where there is a risk of speculation. The newly agreed standards are in line with those already applicable to all other retail sectors. The Common Position will be formally adopted without discussion at a forthcoming Council meeting and the Council will proceed with its final adoption once the European Parliament has concluded its second reading on the proposal. see also L'Europe veut cadrer les services financiers à distance (AFP), EU sets rules on online marketing of financial services (IDG).
- Germany - Verbot von Internet-Apotheken soll fallen
Angesichts des Milliarden-Defizits der Kassen will die Bundesgesundheitsministerin nach einem Bericht der Berliner Zeitung das Versandverbot für Arzneimittel abschaffen und damit den kostengünstigen Internethandel ermöglichen.
Issue no. 206 - 3 September 2001
Issue no. 205 - 3 August 2001
- Gaming regulators discuss Net gambling security
Nevada gaming regulators trying to decide whether to regulate Internet gambling weren't exactly convinced the state is ready for cybercasinos after hearing that technology can't yet provide total security.
Index page see also Digital signatures | Statistics | Taxation
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