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.
Inhaltsverzeichnis (Table of Contents)
- THE DISTANT SELLING DIRECTIVE 97/7/EG
- Introduction.
- Objective of the Distant Selling Directive.
- Applicability of the dsd
- Exemptions to the applicability of the DSD.
- Information requirements...
- Art 4 requirements..
- Art 5 requirements....
- The right of withdrawal....
- AN INTRODUCTION INTO THE BRITISH SYSTEM
- Judicial Precedent
- Ratio decidendi and obiter dicta
- Acts of Parliament..
- Acts of Parliament and European Union Law
- The effect of an Act of Parliament to case law.
- Judicial Precedent
- THE CONSUMER PROTECTION REGULATIONS 2000
- Applicability.
- Information Requirements....……………………………
- The right of withdrawal.....
- THE „KONSUMENTENSCHUTZGESETZ”
- Applicability.
- Informationrequirements....
- Information and confirmation requirements pursuant to §§ 5c, 5d KSchG.
- Information requirements pursuant to §5i Abs 2KSchG.
- The right of withdrawal....
- Applicability of §3 KSchG.
- Right of withdrawal according to the “Fernabsatzgesetz”.
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This seminar paper examines the transposition of the Distant Selling Directive (DSD) into Austrian and British law. The paper aims to provide a comprehensive overview of the Directive's objectives, applicability, exemptions, information requirements, and the right of withdrawal, as implemented in both jurisdictions. The paper also explores the relationship between European Union law and national legal systems, particularly in the context of the DSD.
- The Distant Selling Directive (DSD) and its objectives.
- The application of the DSD in Austria and the UK.
- The impact of European Union law on national legal systems.
- The protection of consumers in distance selling transactions.
- The legal framework for e-commerce in Austria and the UK.
Zusammenfassung der Kapitel (Chapter Summaries)
The first chapter provides an overview of the Distant Selling Directive (DSD), including its objectives, applicability, and exemptions. It discusses the role of the European Union in regulating e-commerce and the importance of protecting consumers in distance selling transactions. The chapter also examines the minimum level of protection provided by the DSD and its relationship with national legislation.
The second chapter offers an introduction to the British legal system, focusing on the concept of judicial precedent and the role of Acts of Parliament. It explains the relationship between European Union law and national legislation in the UK, particularly in the context of the DSD.
The third chapter examines the UK Consumer Protection Regulations 2000, which transpose the DSD into British law. It discusses the Regulations' applicability, information requirements, and the right of withdrawal for consumers.
The fourth chapter explores the Austrian "Konsumentenschutzgesetz," which also transposes the DSD into Austrian law. It examines the law's applicability, information requirements, and the right of withdrawal for consumers.
Schlüsselwörter (Keywords)
The primary focus topics of this text include distance selling, consumer protection, European Union law, legal systems, e-commerce, the Distant Selling Directive (DSD), the “Konsumentenschutzgesetz,” and the UK Consumer Protection Regulations 2000.
- Citar trabajo
- Mag.iur. Roland Pedak (Autor), 2006, The Distant Selling Directive 97/7/EG, Múnich, GRIN Verlag, https://www.grin.com/document/62231
