Brussels, 05/01/2000 (Agence Europe) - The consumer protection association, Test-Achats, has criticised certain aspects of the draft directive on e-commerce as finalised by the Internal Market Council last month (adoption of the Council's common position pending the second reading by the European Parliament, see EUROPE of 8 December last, p.8).
The element that Test-Achats finds worrying concerns the principle whereby the law applicable to electronic commerce is that of the country of origin that provides the service. This principle would mean that:
- Service providers will tend to set up business in the Member States that protect consumers less.
- Offers made to consumers will be subject to different rules depending on whether they are addressed to consumers via the Internet or via traditional methods.
- Growing pressure from industrial lobbies on Member States could cause the latter to make consumer protection standards less stringent.
Test-Achats therefore requests that:
- When a company addresses consumers in a country other than its own, it must respect the law of the country where buyers reside.
- Consumers must have the possibility to take action in courts in their own country, as European consumers cannot be familiar with 15 different national legislations. "Refusing consumers access to their national courts and forcing them to take matters to foreign courts would, in practice, mean refusing them access to justice", states the association.
Test-Achats considers it is in the interest of electronic commerce and of the e-commerce companies themselves to win consumer confidence, as those who do not have confidence do not buy.
