Brussels, 01/03/2000 (Agence Europe) - The Council has adopted its common position on the directive on electronic commerce. It was debated at the Internal Market Council on 7 December 1999. This directive clarifies application of the fundamental principles of the single market -right of establishment and freedom to provide services- to the information society and improves harmonisation of certain legal aspects, namely: commercial communications (advertising, direct marketing, etc.), the conclusion of on-line contracts, the liability of intermediaries and the role of national authorities. It covers on-line services, data bases, professional services (doctors, lawyers, accountants), video-on-demand, marketing and certain Web access services. It applies solely to providers operating from within the Union. The place of operation is the location where the operator exercises an economic activity, regardless of the location of the server. It requires Member States to do away with all restrictions on on-line contracts and ensures legal certainty for consumers by imposing information requirements. It exempts from liability those intermediaries playing a role of information "vehicle" and limits the liability of intermediaries responsible for storing information. Further, so as to ensure consumer confidence, it makes provision for transparency requirements in commercial communications (direct marketing).
The directive endorses the principle of the country of origin for the services in question. However, Member States will be able to provide derogations on a case by case basis to protect the public interest (protection of minors, combating discrimination) and consumers, including investors. This latter point was hotly contested by Belgium, which abstained.
This common position is now being forwarded to the European Parliament for second reading.