On behalf of international e-commerce law there are a lot of different entities that deal with international trade law. For example there is the UNCITRAL ( United Nations Commissions on International Trade Law) embodied in the United Nations. In this context the UNCITRAL´s report “UNCITRAL Model Law on Electronic Commerce” has to be mentioned.The problem of UNCITRAL is that it cannot produce any binding instruments on international basis. It can only give recommendations for the national regulations of the membership states. The states themselves can choose to follow these “model laws” by UNCITRAL. On the other side there is the WTO (World Trade Organisation), which prepares on behalf of its members international treaties. In Europe, the e-commerce law has been enforced by the European Union – as well as the Counsel of Europe for certain topics like cyber crime. Examples for European legislation are the E-C directive, the Distance Selling Directive, and the E-Privacy Directive. In general, these directives focus on the problems that come along with the so-called “information-society”, like copyrights of software and their protection, problems with databases and personal information and so on.
In Austria the Distant Selling Directive has been transposed into the so-called “Konsumentenschutzgesetz,” with 1.June 2000. The UK Consumer Protection Regulations came into force on 31 October 2000 The provisions of the Distance Selling Directive are only the minimum level of protection laid down by the European Union. Each member state is free to protect its consumers better, but every consumer can rely that he has at least this minimum protection – Art 12 Distance Selling Directive.
Table of Contents
1. THE DISTANT SELLING DIRECTIVE 97/7/EG
1.1. Introduction
1.2. Objective of the Distant Selling Directive
1.3. Applicability of the dsd
1.4. Exemptions to the applicability of the DSD
1.5. Information requirements
1.5.1. Art 4 requirements
1.5.2. Art 5 requirements
1.6. The right of withdrawal
2. AN INTRODUCTION INTO THE BRITISH SYSTEM
2.1.1. Judicial Precedent
2.1.1.1. Ratio decidendi and obiter dicta
2.1.2. Acts of Parliament
2.1.2.1. Acts of Parliament and European Union Law
2.1.2.2. The effect of an Act of Parliament to case law
3. THE CONSUMER PROTECTION REGULATIONS 2000
3.1. Applicability
3.2. Information Requirements
3.3. The right of withdrawal
4. THE „KONSUMENTENSCHUTZGESETZ”
4.1. Applicability
4.2. Informationrequirements
4.2.1. Information and confirmation requirements pursuant to §§ 5c, 5d KSchG
4.2.2. Information requirements pursuant to §5i Abs 2KSchG
4.3. The right of withdrawal
4.3.1. Applicability of §3 KSchG
4.3.2. Right of withdrawal according to the “Fernabsatzgesetz”
5. BIBLIOGRAPHY
Objectives and Scope
This paper examines the transposition of the EU Distant Selling Directive 97/7/EG into the national legal frameworks of Austria and the United Kingdom, specifically analyzing how each country implements consumer protection standards for distance contracts.
- Legal requirements for distance selling contracts.
- Information duties for suppliers before and during contract performance.
- The consumer's right of withdrawal and its temporal limitations.
- Comparative legal analysis between the Austrian "Konsumentenschutzgesetz" and the British "Consumer Protection Regulations 2000".
- Specific exemptions and regulatory nuances regarding distance sales.
Excerpt from the Book
1.2. Objective of the Distant Selling Directive
The Object of the Distant Selling Directive (DSD) is to approximate the laws, regulations and administrative provisions of the EU Member States concerning distance contracts between consumers and suppliers – Art 1
The European legislator wants to protect the consumer from the two systematic disadvantages of distance selling. The consumer doesn’t know anything about the supplier, not even if the company really exists. The consumer doesn’t know the product itself. He can only rely on photos, pictures etc…
The benefit of the DSD for the consumer is quite clear. He can ship the product back easily without difficult regulations if he doesn’t approve it. But what are the advantages for the companies? Means of distance selling open a larger pool of consumers for the company, more so than a local based entrepreneur. Via the Internet the whole world is the potential market. So both contract partners can benefit from the DSD.
Summary of Chapters
1. THE DISTANT SELLING DIRECTIVE 97/7/EG: Provides an overview of the European legal background, the objective of the directive, and defines the scope of application and information requirements.
2. AN INTRODUCTION INTO THE BRITISH SYSTEM: Explains the foundations of the English legal system, specifically focusing on judicial precedent and the role of Acts of Parliament.
3. THE CONSUMER PROTECTION REGULATIONS 2000: Details how the UK transposed the Directive into national law, covering applicability, information requirements, and withdrawal rights.
4. THE „KONSUMENTENSCHUTZGESETZ”: Analyzes the Austrian implementation of the Directive, focusing on relevant paragraphs of the KSchG and specific consumer protection mechanisms.
Keywords
Distant Selling Directive, Consumer Protection, Distance Contracts, Right of Withdrawal, Information Requirements, Austrian Law, British Law, KSchG, Consumer Protection Regulations 2000, E-Commerce Law, Transposition, Supplier, Consumer, Contractual Obligations.
Frequently Asked Questions
What is the core focus of this research paper?
The paper focuses on the legal transposition of the European Distant Selling Directive 97/7/EG into the national legal systems of Austria and Great Britain.
What are the primary themes discussed in this work?
The main themes include the definition of distance contracts, supplier information duties, the consumer's right of withdrawal, and the differences between Austrian and British regulatory approaches.
What is the main objective of the Directive according to the author?
The objective is to approximate the legal provisions across EU member states to protect consumers from the systematic disadvantages inherent in distance selling, such as the lack of direct contact with the supplier or the physical product.
Which legal methodology is employed?
The paper utilizes a comparative legal analysis, examining specific statutes, regulations, and relevant case law or academic commentaries from both the Austrian and British legal systems.
What is covered in the main section of the paper?
The main section covers the European legal framework, the historical and structural aspects of the British legal system, the specific British Consumer Protection Regulations 2000, and the Austrian Konsumentenschutzgesetz.
Which keywords best characterize this work?
Key terms include Distant Selling Directive, Consumer Protection, Right of Withdrawal, KSchG, and E-Commerce Law.
How does the British system handle legal precedent in the context of this study?
The study highlights how judicial precedent and the doctrine of stare decisis function alongside Parliamentary statutes to shape consumer law in the UK.
What specific challenges does the author identify regarding the Austrian "Konsumentenschutzgesetz"?
The author discusses the dichotomy of information requirements and academic critiques by experts like Krejci regarding the validity of contracts when performance is not available.
How is the "cooling-off" period defined for consumers?
The cooling-off period is the timeframe during which a consumer can exercise their right of withdrawal, which varies depending on whether the contract concerns goods or services and whether mandatory information has been provided by the supplier.
- Quote paper
- Mag.iur. Roland Pedak (Author), 2006, The Distant Selling Directive 97/7/EG, Munich, GRIN Verlag, https://www.grin.com/document/62231
