E-Commerce Law in Europe and the USANew economic developments such as E-Commerce raise not only economic but also legal questions. Most of these questions are treated in a different way by the jurisdictions or have not been regulated so far. Companies are facing a material uncertainty with regard to international transactions which are typical of E Commerce. The European and national regulations which have already been adopted are only for some part leading to clarification. The possibilities for legal solutions as well as the interpretation of the new legislation differ within the separate countries and their Courts. In order to provide an overview of the most important legal issues of E Commerce for international entities and internationally practising consultants, this book describes the regulatory framework in nine European countries (Belgium, France, Germany, Great Britain, Italy, Norway, Spain, Switzerland, The Nether lands) and the United States of America. The country-specific contributions are presented in alphabetical order and fol low a questionnaire which can be found in the beginning. As the structure in all contributions is uniform, the reader can fmd an answer to a legal question of inte rest quickly and clearly arranged for all countries. The work is not aiming at an extensive discussion of each legal question. Moreover, the goal is to present an overview of the main questions and trends in E-Commerce Law, in particular with regard to the adoption of several EU Directives. |
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Contents
Belgium | 21 |
Consumer Protection Law | 35 |
Competition Law | 42 |
Responsibility | 54 |
Data Protection | 60 |
Cartel Law | 66 |
CHAPTER 3 | 116 |
Germany | 140 |
Conflict of Law Issues | 417 |
Labelling Law | 424 |
Copyright Law | 431 |
Responsibility | 438 |
Cartel Law | 447 |
Domains | 454 |
Contract Law | 458 |
Consumer Protection Law | 487 |
Rights of the Affected Party | 147 |
WulffAxel Schmidt and Monika Prieẞ | 155 |
V | 189 |
Works Capable of Protection | 208 |
Injunction | 217 |
CHAPTER 4 | 224 |
Data Protection | 225 |
Cartel | 232 |
by a Team of Authors | 241 |
CHAPTER 2 | 271 |
Works Capable of Protection | 285 |
Money Transfers | 293 |
Cartel Law | 304 |
Contract | 309 |
Business and Legal Reality of the New Economy | 310 |
Consumer Protection | 329 |
Competition | 336 |
V | 347 |
Labelling Law | 349 |
Copyright Law | 357 |
Responsibility | 365 |
Money Transfers | 372 |
Dag Saltnes and Tommy Tokstad | 387 |
72 | 403 |
Competition Law | 495 |
Labelling Law | 507 |
Metatags | 511 |
Responsibility | 523 |
Data Protection | 547 |
Stephan Netzle and Roberto Hayer | 557 |
Consumer Protection Law | 573 |
Labelling Law | 584 |
Responsibility | 596 |
Money Transfers | 606 |
Data Protection | 610 |
Albert Ploeger and Robert van Kralingen | 625 |
Consumer Protection Law | 641 |
Labelling Law | 652 |
Responsibility | 658 |
Money Transfers | 663 |
United States | 675 |
Consumer Protection | 704 |
Labeling Law | 719 |
Responsibility | 733 |
Money Transfers | 739 |
Data Protection | 746 |
Andersen Legal Contact Persons | 759 |
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Common terms and phrases
acceptance According action activities advertising agreement applicable Article Belgian Belgium certificate chapter Civil Code claim clauses Code communication competition concerning concluded connection considered constitute consumer contains contract court damages decision Decree defendant Directive distance domain name Domestic E-Commerce effect electronic European evidence exist fact France French given governing granted holder implemented individual infringement instance intent International Internet issued Italian Italy jurisdiction legislation liability limited matters means mentioned necessary obligation offer original particular payment personal data possible practice principle processing protection provider pursuant question received refer regard registered regulation relation relevant requirements respect result rules signature specific statement third party tion tort trade trademark transfer unfair valid