DRAFT EC DIRECTIVE ON CERTAIN LEGAL ASPECTS OF ELECTRONIC COMMERCE IN THE INTERNAL MARKET

1999 ◽  
pp. 404-411
Author(s):  
Kirill Pashkov

Considering that improving access to digital goods and services, creating an environment where digital networks and services can thrive, positioning of digitalization as the driving force of everything new, it becomes clear that an e-commerce legal platform of EU business entities activity will soon be subject to review in the EU and in connection with this fact, the study of the features of modern legal regulation of electronic commerce within the EU becomes both theoretical and practical relevance and significance.          The article deals with the peculiarities of legal regulation of electronic commerce within the European Union. The author of the article has analyzed in detail the legal framework and the legal norms that regulate the implementation of e-commerce in the EU and which have the greatest impact on the implementation of foreign economic activity. These norms were grouped in three directions: 1) norms that set the country of origin principle; 2) rules that recognize the legal force of electronic contracts and regulate the procedure for their conclusion; 3) rules that limit the liability of third party content providers. For this research, an analysis of secondary law of the European Union governing the conduct of electronic commerce within the Union has been carried out. Particular attention is paid to the study of the provisions of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information services, in particular e-commerce, in the internal market, namely, on the internal market, aimed at promoting the development of the EU information services market in the EU, on the principles of the conclusion of electronic agreements in the EU, a list of the minimum information that the information society service provider must give to the customer in the EU, as well as the provisions minimizing the Internet intermediaries liability for the actions of third parties related to the implementation of electronic commerce.


2020 ◽  
Vol 13 (4) ◽  
pp. 157-166
Author(s):  
V.K. Shajdullina ◽  

Author(s):  
Alina Volkova ◽  
Galyna Boldar ◽  
Oksana Ryshchenko ◽  
Iana Proskurova

The aim of the study is to study approaches to the formation of legislation in the field of the online retail selling (distance selling) of medicines in the EU with further development of areas for improvement of phar-maceutical legislation of Ukraine. Materials and methods. During the research, scientific methods were used, in particular, system-analytical, content analysis, comparative legal, graphic, etc. Results. The main provisions of the EU Directives 2000/31/EU “On some legal aspects of information services, in particular, electronic commerce, in the internal market” (Directive on electronic commerce) and EU Directive 2001/83 EU “On the Community code relating to medicinal products for human use”, the Council of Europe Convention “On counterfeiting medical products and similar involving threats to public health”, Implementing Regulation of the EU Commission No. 699/2014 of June 24, 2014, as well as the Law of Ukraine “On Electronic Commerce”, “On medicines”, Resolution of the Cabinet of Ministers of Ukraine (CMU) of March 23, 2020 No. 220, of November 30, 2016 No. 929 and others. Conclusions. The main directions of improving the current legislation of Ukraine in the field of the online retail selling of medicines are proposed. The necessity to supplement the Regulation “On the State Service of Ukraine for Medicines and Drug Control” (Resolution of the Cabinet of Ministers of Ukraine of November 30, 2016 No. 929) with certain norms has been substantiated. In particular, to impose on this state body the obligation to register business entities that plan to sell drugs using information and communication means, as well as maintain their Register


Author(s):  
Morten Falch ◽  
Anders Henten ◽  
Knud Erik Skouby

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