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Law & Policy

Eighteen months 'too late' for ecommerce laws

By Sarah Left

Published: 8 May 2000 00:30 BST

Spanish MEP Ana Palacio has called on European governments to act fast to implement the new Ecommerce Directive voted in by the European Parliament late last week.

Member states technically have 18 months to bring their national laws into compliance with the European Directive, but Palacio insisted there is no reason to wait that long.

Palacio said: "The aim is for you, as a consumer or a business, to feel as comfortable in the European market as you feel in your home market. Many of the member states were beginning to draft laws on this issue, and that could fragment the internal market."

The directive establishes four broad principles: first, it states Web traders need only comply with the laws of their home state, rather than those of all 15 member states. Second, it creates a framework for out-of-court settlements in cross-border disputes.

Third, the directive clarifies ISPs' liability over content hosted on their servers. And finally, it requires transparency so visitors to a site are left in no doubt who is behind it. "We have to protect consumers with laws of the 21st century, and not with ideas of the mid-20th century that no longer apply," Palacio said.

A spokesman for the UK Department of Trade and Industry acknowledged changes to UK laws will be necessary, but could not comment on specific issues.

In Germany, the pressure will be on to amend laws that prevent companies from advertising certain promotions and discounts. For example, two-for-one offers which are common in the UK are currently illegal in Germany. But now, with the approval of the directive, UK firms will be able to make those offers to German citizens.

But the EU-level changes to ecommerce law don't end there. Five specific Information Society initiatives - covering everything from copyright to content - will go before the European Parliament next month.

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