Applicable Law (Electronic Trade Directive)

Applicable Law (Electronic Trade Directive)

Applicable Law (Electronic Trade Directive) the Directive’s purpose is to ensure “the free movement of information society services between Member the States.” Even though the Treaty of Rome already provided in Article 49, the freedom of goods and services within the single market needed further changes to support implementation due to differences between national laws, which created an obstacle to the initial purpose.

Before this Directive, the European Commission published 1997 a communication with a claim to develop a framework for the Single Market’s functioning specifically in the field of electronic commerce and distance selling; it is the Directive of the year 1997, Article 2. Directive 1. 2000/31 / EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services in electronic commerce in the Internal Market, Article 1.1 has achieved such an end. However, the Directives deal with the European Laws’ competences in force and various national laws, without giving new rules.

Also, the Directive aims to build a significant security level for both parties and investors to have the confidence to operate in the field of e-commerce. Article 3.1 of the Directive determines which state will be competent to settle disputes in the event of such conflicts, and the criterion followed is the place of principle, which means that the Member State in which the service provider is established will be in a position to control its activity and the law of that country which will be in force. The most precise definition is found in Article 2, which describes a service provider’s establishment.

In the case of a website, sharing it in one place can be a daunting task, and the website owner may have been set up in a country outside the European Union to circumvent its law. Regarding electronic contracting relationships, to promote the validity of a contract which has been concluded using an electronic means, all national laws within the European Union, any barrier that prevents such contracts from being effective should be removed (for example, the requirements of a written agreement may be such obstacle).

UNICITRAL, as a model law for electronic commerce, recognizes the validity and execution of electronic contracts, stating, “an offer and acceptance of an offer can be expressed through of messages “27 This law also contains the first model of how to understand the requirements of writing and signing a contract. The purpose of this law is to create a framework where businesses operating in e-commerce can expect similar rules in all countries, regardless of the location of consumers.28 According to Italian legislation, electronic contracts are led, or governed by Paragraph no. 2 of Article 15 of Law No. 59, dated 15 March 1997 gives effect to any legal value for documents, instruments, data, contracts formed by private and public authorities by the media, transmitted electronically and are drafted with formalities by the law enforcement regulation.

Article 11 of the Regulation sets out the objective legal criteria that must be met by electronic data and how the contract of sale must
state: “Contracts entered into by computer through the use of digital signature in the provisions of this regulation shall be valid and relevant to all the effects of the law.” For computer contracts to be recognized as valid, you must:

1. The customer is allowed to use the system only demo so as not to take steps that may be legally binding;
2. On each page appears the ability to leave in conclusion and clear the data entered so far;
3. Ensure that the client gives his explicit consent;
4. To ensure the identity of the client or consumer in this case.

To have the most efficient solution regarding the interpretation of the clauses, the following should be taken into account:
(i) the interest of the business community in greater efficiency and predictability in uniform prevails, and if the request is possible transnational “law” and uniform texts,
(ii) the lack of a business community focuses on national law, as a goal in itself, increased autonomy from acceptable state laws, and, in fact, desirable if the said goals are successfully achieved, and,
(iii) The business community’s ability through contract freedom to benefit from what has been made available to them. However, a question does not arise about whether the ability to create alternative solutions and even a law of independence should be without borders. I think that the duty of trust and fidelity (or an acceptable equivalent) should be a necessary part of any effort in choosing the law or institutional legislation of any contract regime that is based on “Rules and Principles” ( rather than a national legal order).

As discussed above, such safeguards will be found within the principle of good faith and UNIDO and the EU’s loyalty. A fundamental methodological change will have a chance to reduce the gap between the slow pace of international legislation and the modern world’s requirements, especially in the field of international trade. States must agree, by way of a General Convention, to accept the rules laid down by the Commission.

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