European harmony for full harmonization of e-commerce

        The forecasted Internet spending in Europe by 2010 will reach €117 billion with over 145 million European based Internet buyers. The enlargement and the dynamics of growth  of e-commerce require the abolishment of its cross-borders. At present time only 6% of EU customers experienced a trans-national e-commerce and only 3% of retails have online stores. In order to let the e-commerce triple its annual revenues, European Commission has launched EU legislative package on consumer policy, known as consumer acquis. The main goal is to ensure full harmonization of boundless e-commerce. The direct meaning of full harmonization is that the members would not be able to overpass proposed level of protection through implication of the stricter consumer rules in the harmonized field.

            First steps toward harmonization of e-commerce were made in June 1998 with the adoption of Transparency Directive with main definitions of online services, interactive entertainment, online media. In 2000 was adopted the most significant legal act of European legislation - Electronic Commerce Directive that determined and conserved common rules in relation to a wide range of issues related to e-commerce field. And in December, 2007 was made with the adoption of Regulation on the law applicable to contract obligations (Rome 1) the last basic step.

            One of the principally new ideas expressed in consumer acquis was the proposal to introduce an external audit for certain types of electronic services where the level of security is under a big question. To enhance the ability to struggle with online fraud the members of the European Commission proposed to develop a European early-warning system that supposedly would allow consumers to report about suspicious online activity via a special online form. And the idea of creating a unique European logo for certified web sites would be an additional secure tool helpful in cross-border e-commerce. However, small and mid-size businesses concern that the introduction of harmonized EU rules applicable to e-commerce would slow down its growth due to difficulties arising from the obligation to comply with 27 consumer laws.  

Natalia, reporter of Ecommerce Journal