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LEGAL ASPECTS OF THE ECOMMERCE SHOP - Ecommerce Summit

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Stefan Van Camp Time.lex
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  • 1.Legal aspects of the e-commerce shop Stefan Van Camp E-commerce summit 26 February 2014

2. Core Rules and Compliance European Directives Distance contracts directive E-commerce directive Consumer rights directive 2011 (information to consumer + distance contracts) Privacy Belgian law Mainly E-commerce law 2003 / Market Practices Law 2010 New Commercial Code 2014, books VI (market practices) and XII (electronic economy) Modifications December 2013 Web sweeps: EU and UK: poor compliance 2 3. Information (transparency) Art. VI.45 Commercial Code : long list Indication of name of the trader, address, e-mail address, telephone number, company register number Combating fraud + transparency about location Traceability of dangerous products, product recall, return address German court case (insurance business): prejudicial question for EU Court of Justice medium for urgent contact (telephone number) is really necessary, separate from the e-mail medium Contact form is not an e-mail address3 4. Information (transparency) Main characteristics of products and services Total price (taxes, costs of shipment : at least a warning) Explicit consent of consumer for extra costs Payment modes, delivery, lead times, complaints policy Reminder of the legal consumer sales guarantee (2 years) or commercial guarantee Functionality and interoperability of digital content (Minimum) duration of contract4 5. Information to be provided before final order the different technical steps to follow to conclude the contract whether or not the concluded contract will be filed by the trader and whether it will be accessible (not a requirement) the technical means for identifying and correcting input errors prior to the order; (e.g. backtrack; doubles entries; illogical input) the languages offered for the conclusion of the contract relevant codes of conduct (accessible) e.g. environmental or fair trade logos explicit warning: order with payment obligation5 6. 6 7. 3 typical terms and conditions General terms and conditions for sale / services Price, warranty, delivery, lead times, maintenance, applicable law (excluding Vienna convention), jurisdiction Indication of updates Website Use terms and conditions (disclaimer) Privacy policy (statement) (Sometimes separate cookie policy) Use of cookies (more developed in the Netherlands)7 8. Right to withdraw Information on existence of the right of withdrawal In principle : right of withdrawal within 14 days after delivery 12 months / 14 months in case of insufficient information Not applicable to certain deliveries (e.g. tailored goods, opened software, downloaded digital content, immediate services) Indicate that the right of withdrawal does not exist Limitations (art.11 Consumer rights directive) Direct cost of return shipment borne by consumer (if he was warned) Confirmation of order : reminder of right of withdrawal Model form for withdrawal 8 9. Further consumer protection Late delivery : warning by consumer and right to terminate Extra fee for certain modes of payment maximum the cost for the trader9 10. Privacy policy Use of cookies (sometimes separate policy) Profiling Direct marketing : opt in for direct marketing Indication of data processors Sharing information Right to review and correct data10 11. Diverse Rules and Issues Contracting evidence : digital signature Electronic invoice (VAT Code) Competition rules applied to internet (Guidelines 2010) E.g. exclusivity contracts Payments Data protection (cloud) Domain names Games, contests, lottery etc. Unsolicited e-mails11 12. Diverse Rules and Issues Sales (soldes) on the internet ? Publicity rules Comparative publicity Misleading publicity Consumer sales : legal guarantee (2 years) Liability of platforms (counterfeited products) International jurisdiction (consumers)12 13. CBEC Cross-border Ecommerce Community support Merchants, Payment Service Providers, ISOs and Acquiring Banks within the CNP Payment Industry information on every aspect of international ecommerce Payvision, The Paypers, PAY.ON, ReD, World IT Lawyers (time.lex) country profiles, reports and infographics http://www.thepaypers.com/cross-border-ecommerce/ latest trends, opinion articles and editorials by industry experts via www.crossborderecommerce.com microsite.13 14. About us Who we are International business law firm commercial contracts, sale and supply agreements, market practices, unfair competition, distribution, franchising, product safety/recalls, consumer protection, litigation/arbitration/mediation, debt recoveryWith a passion for the protection of intangible assets intellectual property, technology, internet, data protectionOur team Native speakers on board International : members of the Bars of Brussels, Madrid and Thessaloniki and international network of legal professionals 15. Thank you ! www.timelex.eustefan.vancamp@timelex.eu15

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