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Electronic Commerce
without Frontiers?
An overview over the EC Commission's Proposal of a E-Commerce Directive and its implecations on the future development of electronic trade within the German legal framework
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by Gunnar Bender & Christian Sommer
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Abstract
On
7 December the Council of Ministers reached a
political agreement on a common position for the
proposed Electronic Commerce Directive. At the
beginning of September 1999, just 10 months after
the publication of the "Proposal for
directive by the European Parliament and the
Council on certain legal aspects of electronic
trade in the internal market" , the
Commission decided on a modified outline for a
directive on e-commerce. This was the European
Commission's reaction to the suggestions for
change announced by the European Parliament at the
beginning of May 1999. The aim of the directive is
to bring down barriers to information society
services within the internal market as well as
allowing citizens and companies to exploit the
full potential of electronic trade. The proposed
Directive would establish specific harmonised
rules only in those areas strictly necessary to
ensure that businesses and citizens could supply
and receive Information Society services
throughout the EU, irrespective of frontiers. With
this directive, the Commission also aims to
increase the competitiveness of the European
economy on an international scale. This article
provides an overview of the most important
regulations as well as changes versus the first
version of the proposal in view of the possible
effects that these directive may have on the
future development of electronic trade, especially
in the context of the German legal framework.
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