Law and Commerce
E-commerce is subject to certain legal constraints that must be diligently observed.
Initially it was not created ad hoc legislation for electronic commerce but have been extended and adapted as necessary with modifications, the laws governing the award of contracts trading at a distance and away from business premises, until in 2000 the EU issued Directive 2000/31/EC on the Community to certain legal aspects of information society services. The purpose of the Directive is to ensure a high level of legal integration, in order to create a true "space without frontiers" for the economic activities "on line", whose development is considered "an essential tool to eliminate barriers that divide the peoples of Europe ". In Italy, the Directive 2000/31/EC has been transposed by Legislative Decree No 70/2003, for everything that is not expressly provided by this decree is still the application of the rules protecting the consumer, such as those relating to distance contracts, and the general rules of contract.
Quid let's examine the first various aspects of distance contracts governed by the laws prior to the decree and then to identify the changes introduced by Legislative Decree n.70/2003.
First, you must follow the requirements set forth by Legislative Decree 1 March 1998, No 114 ; fact, Article 18 provides for the "mail order, television or other communication systems," includes all cases of retail sales through a website.
The rule states that, to start the business of internet commerce We must give prior notification (Model COM6) to the municipality in which the operator is resident, if an individual, or in which the registered office is fixed, if the legal person.
After 30 days of receipt of notice by the municipality, if no opinion is received impediment, the activity can be initiated, based on the so-called silent assent. CONTRACTS Particular attention must be asked, then, the rules governing the contracts necessary to perform a new e-commerce activities and the legal implications that follow. Article. 15, paragraph 2 of Law March 15, 1997, No. 59 gives effect to the legal value to any documents, instruments, data, contracts formed by the private and the public administration by means of information, written and transmitted electronically with formalities the implementing regulation of Law. In the implementation of Law 59/97, in fact, was issued Presidential Decree No 10 November 1997 Regulations called 513, containing the criteria and procedures for training, storage and transmission of electronic documents. Article 11 of the Regulation sets out the criteria that must meet the objective legal electronic documents and procedures to which the sales contract must be submitted: "The contracts concluded by electronic means or by computer using the digital signature in the provisions of this Regulation shall be valid and relevant to all of the law ", and paragraph 2 provides that" the contracts referred to in paragraph 1 shall apply the provisions of Legislative Decree 15 January 1992, No. 50. " In order for contracts Telematics has recognized the legal validity, must be: - What the customer is allowed to use the system only in demo mode, so as not to inadvertently take actions that could be legally binding; - What is expected of every page displayed the ability to leave the conclusion and deletes the information entered so far; - Ensure that the customer gives his consent unambiguously; - Make sure the customer's identity. The contract shall be concluded on-line when the service recipient has received from the supplier, Via mail, return receipt (the receipt) of the order. PROHIBITIONS AND REQUIREMENTS With regard to the requirement and prohibitions to which the aspirant must dealer network is necessary to refer to the Joint Legislative Decrees 50 / 1992, 114/98 and 185/1999. The D. Decree No. 15/1/1992 50, implementing Directive 85/577/EEC on contracts negotiated away from business premises and the Legislative Decree No. 185 22/5/99 , implementing Directive 97/7/EC on the protection of consumers in respect of distance contracts, are certainly to be applied to those "particular forms of sales", including the contracts are included through the use of computer and electronic tools, in fact, the same Decree 114/98 establishes the extension of trade via the Internet with the provisions of Legislative Decree 50/92, in respect of contracts negotiated away from business premises. The 1998 decree also prohibits the sending of products to consumers, if not following a specific request, allowing, however, the sending of product samples or gifts, provided they do not involve expense or liability for the consumer. Another milestone in the defense of consumer rights in contracts at a distance is cnclusi Law 52/1996, which transposes the EU Directive 93/13/EEC of 5 April 1993, which intervenes on the regulation of unfair terms, in the Civil Code by inserting a special-a Chapter XIV entitled "consumer contracts" and consists of five articles , from a 1469-to 1469-e.TIME OF EXECUTION OF ORDERS AND THE RIGHT OF WITHDRAWAL The legislative decrees 50/92 and 185/99 provide information specific charges paid by the seller and the buyer the opportunity to exercise the right to withdrawal without penalty and without giving reasons. In particular, according to D. Decree 185/99 the seller must fulfill certain obligations of disclosure to the consumer "in good time and before the conclusion of any distance contract "concerning the identity of the supplier (including its geographical address), the characteristics essential product or service, delivery and use, the type of payment and the price including taxes, fees and expenses of delivery, duration of validity of the offer and the price and other details. It must also make sure that the consumer, by the time the contract is notified in writing (or on another durable medium available and accessible to the consumer) of all information.As for the execution of the order, unless otherwise agreed between the parties, the supplier must execute the order within 30 days from the day following that on which the consumer forwarded the request, while terms are able to exercise the right of withdrawal is ten days. THE CHOICE OF JURISDICTION The jurisdiction for disputes on contracts and civil court-commerce is "the place of residence or domicile of the consumer, if located in the territory of the state." The contracts concluded via the Internet has, however, the difficulty of identifying the domicile "traditional", which could be anywhere in the world. It makes no sense to refer to the computer that hosts the site as a place of residence, address or e-enabled with a provider. To establish jurisdiction in case of disputes, you should refer to the physical address and residence of the consumer. DECREE LAW No. 70/2003 Decree 70/2003 indiviua first parts of electronic commerce, which are basically three: - the one who plays online business exchange of goods or services; - the one who offers a service-connection access to the network and Storing the information in it accessible (called providers); - one who goes online to purchase goods or services or receive information to commercial content through it without professional purposes (consumer) or business purposes (service recipient) outlines the different characteristics characteristic of online trading, establishing the rules applicable to the conclusion of the contract, the obligations of the seller of goods / service provider, the provider of the obligations and responsibilities. For more information please consult the full text of the Legislative Decree No 70/2003 . A clarification is a must, find written on the page linked in the header of the law is to transpose a European Directive, which concerns the internal market. So the law is not only aplicando Italy, but throughout the European common market, but the Internet is a window on the world,, so remember that the law has value only if the seller and buyer are in the territory of the European community. News introduced by Legislative Decree n.70/2003 The decree imposes certain obligations to the seller: the obligation to provide all information necessary to identify and contact (name, registered office, VAT number, telephone number, fax, etc..) l ' obligation to indicate clearly the price, including tax and shipping costs must specify all the activities permitted to the buyer and the details of the contract if it is a licneza use of an asset (such as purchase an online software) required to indicate, as was already foreseen by Legislative Decree No 185/1999, the essential characteristics of the goods or services, the payment and delivery and the time duration of the validity of the offer. One of the most concerned about the controversy, it also can be composed using extra-judicial bodies dicomposizione online with the exception of disputes which concern the transport and delivery of goods. Another important concept, already present in the sorting, but that is reaffirmed in the Decree Law 70/2003 is that any online contract entered into by a minor is voidable by himself, by his legal representative or heirs or assigns, within five years after reaching the age mggiore. As for the conclusion of the contract, the electronic contract ends like all others and that is when the applicant (who wants to buy) consocenza comes to acceptance of your proposed purchase. Coming in the case of electronic commerce, typically the case, when the e-mail receipt-order acceptance by the purchaser can be downloaded from the Internet provider's servers.