a global action plan for electronic commerce prepared by...

BUSINESS AND INDUSTRYADVISORY COMMITTEE

TO THE OECD

International Chamber of CommerceThe world business organization

GLOBAL INFORMATION INFRASTRUCTURE COMMISSION

A Global Action PlanA Global Action PlanA Global Action PlanA Global Action Plan

for Electronic Commercefor Electronic Commercefor Electronic Commercefor Electronic Commerce

prepared by Business withprepared by Business withprepared by Business withprepared by Business with

Recommendations for GovernmentsRecommendations for GovernmentsRecommendations for GovernmentsRecommendations for Governments

A joint statement by:

Business and Industry Advisory Committee to the OECD (BIAC)

Global Information Infrastructure Commission (GIIC)

International Chamber of Commerce (ICC)

International Telecommunication Users Group (INTUG)

World Information Technology and Services Alliance (WITSA)

Collectively, the coalition that produced this Global Action Planrepresents the following organisations:

Asociace Pro Pora denstvi v Podnikani(APP) (Czech Republic)Asociacion Espanola EmpresasInformatica (SEDISI) (Spain)Associaçao Industrial PortuguesaAssociation of the Computer Industry(PIKOM) (Malaysia)Associazione Nazionale AziendeService Info. e Telematica (Italy)ASUT (Switzerland)Australian Chamber of Commerce andIndustry (ACCI)Australian Information IndustryAssociation (AIIA)AUTEL (Spain)Bangladesh Computer SamityBundesverband der DeutschenIndustrie (BDI)BundesverbandInformationstechnologien (BVITeV)(Germany)Bundesvereinigung der DeutschenArbeitgeberverbändeCanada Information TechnologyAssociation of Canada (ITAC)Canadian Council for InternationalBusiness (CCIB)Canadian Council for InternationalBusiness (CCIB)Chinese Taipei Business Council ofICCCISA (China, Taipei)Computer Suppliers Association(COMSA) (Zimbabwe)Computing Services & SoftwareAssociation (CSSA) (UK)Confederacionde Camaras Industrialesde los Estados Unidos Mexicanos(CONCAMIN)Confederacion Espanola deOrganizaciones EmpresarialesConfederacion Patronal de laRépublica Mexicana (COPARMEX)Confederation of British Industry(CBI)Confederation of Industry of the CzechRepublicConfederation of Netherlands Industry(VNO-NCW)Confederazione Generale dell'IndustriaItalianaConseil National du Patronat Français(CNPF)Dansk Arbejdsgiverforening (DanishEmployers' Confederation)Dansk Industri (Confederation ofDanish Industries)Fédération des Entreprises de Belgique(FEB-VBO)Fédération des IndustrielsLuxembourgeoisFederation of Dutch BranchAssociations in +InformationTechnologyFederation of German Industry (BDI)Federation of Hellenic InformationTechnology Enterprises (Greece)

Federation of Korean InformationIndustries (FKII) (Republic of Korea)Hong Kong, China Business Councilof ICCICA (US)ICC ArgentinaICC AustraliaICC AustriaICC BangladeshICC BelgiumICC BrazilICC Burkina FasoICC ChileICC ChinaICC ColombiaICC CyprusICC DenmarkICC EcuadorICC EgyptICC FinlandICC FranceICC GermanyICC HungaryICC IcelandICC IndiaICC IndonesiaICC IranICC IrelandICC IsraelICC ItalyICC JapanICC JordanICC MexicoICC MoroccoICC NederlandICC NorwayICC PeruICC PortugalICC Saudi ArabiaICC SingaporeICC South AfricaICC SpainICC Sri LankaICC SwedenICC SwitzerlandICC SyriaICC TogoICC TunesiaICC TurkeyICC UkraineICC United KingdomICC UruguayICC VenezuelaICC YugoslaviaInformation Technology Association ofAmerica (ITAA)Information Technology Association ofCanada (ITAC)Information Technology Association ofNew Zealand (ITANZ)Information Technology ServicesAssociation (TIPAL) (Finland)IPTC (UK)Irish Business and EmployersConfederationIsraeli Association of Software Houses(IASH)

IT Association of New Zealand(ITANZ)Japan Information Service IndustryAssociation (JISA)Keidanren - BIAC Japan (Federation ofEconomic Organisations)Konfederacja Pracodawcow Polskich(Confederation of Polish Employers)L'Association des Professionnels deL'Informatique de la Bur (Morocco)Mongolian National InformationTechnology AssociationNaeringslivets Hovedorganisasjon(Confederation of Norwegian Businessand Industry)National Association of Software andService Companies (NASSCOM)(India)New Zealand Employers' Federation(NZEF)NORTIB (Norway)Norwegian IT Association (KDL)NTK (Sweden)Singapore Federation of the ComputerIndustry (SFCI)Svenska Arbetsgivareföreningen(Swedish Employers' Confederation)Sveriges Industriförbund (Federation ofSwedish Industries)Swedish IT-Companies OrganisationSyndesmos Ellinikon Viomichanion(Federation of Greek Industries)Syntec Informatique (France)Teollisuuden Ja TyönantajainKeskuslitto (Confederation of FinnishIndustries and Employers)The Association of Thai ComputerIndustry (ATCI)Türkiye Isveren SendikalariKonfederasyonuTurkish Confederation of EmployerAssociations (TISK)Türkiye Ticaret - Sanayi - DenizTicaret Odalari ve Borsalari Birligi(TOBB - Union of Chambers ofCommerce, Industry, MaritimeCommerce and Commodity Exchangesof Turkey)UK Telecommunications ManagersAssociation (TMA)UK Telecommunications UsersAssociations (TUA)Union Patronale SuisseUnion Suisse du Commerce et del'Industrie - VorortUnited States Council for InternationalBusiness (USCIB)Vereinigung der ÖsterreichischenIndustrie (VÖI)Vereniging VNO-NCW (Confederationof Netherlands Industry and EmployersVNO-NCW)Vinnuveitendasamband Islands(Confederation of IcelandicEmployers)

This Action Plan is supported by:Alliance for Electronic Business (UK)Association of German Chambers of Industry and Commerce (DIHT)Australian Information Industry Association (AIIA)Austria Federation for the Information Industry (VIN)Canadian Council for International Business (CCIB)Confederation of British Industry (CBI)Confederation of Industry of the Czech Republic (SPCR)Confederation of Netherlands Industry (VNO-NCW)European Association of Manufacturers of Business Machines and Information Technology Industry(EUROBIT)EU-Japan Industry Roundtable Working group on Electronic CommerceEuropean Federation of Waste Management and Environmental Services (FEAD)Federation of European Direct Marketing Associations (FEDMA)Federation of German Industry (BDI)Federation of Korean Industries (FKI)French Freight Forwarders Association (FFOCT)German Electrical and Electronic Manufacturers' Association (ZVEI)German Information Technology Manufacturers’ Association (FVIT)German Retail Federation (HDE)Global Internet Project (GIP)Indian National Association of Software and Service Companies (NASSCOM)Information Technology Association of Canada (ITAC)International Air Transport Association (IATA)International Council of TannersInternational Express Carriers Conference (IECC)International Federation of Freight Forwarders Associations (FIATA)International Institute of Air and Space LawIT Association of New Zealand (ITANZ)IT&C Association of Romania (ATIC)Italian Association of Internet Providers (AIIP)Japan Information Service Industry Association (JISA)Japan-US Business CouncilKeidanren (Japan)Norwegian IT Association (KDL)Swedish IT-Companies OrganisationSwiss Commission for Fairness in Commercial Communication (SchweizerischeLauterkeitskommission)The Carribean/Latin American ActionTrans-Atlantic Business Dialogue (TABD)TRUST-eUnion of Chambers of Commerce, Industry, Maritime Commerce and Commodity Exchanges of Turkey(TOBB)Union of Industrial and Employers’ Confederations of Europe (UNICE)United States Council for International Business (USCIB)US-Japan Business CouncilWorld Economic Forum (WEF)World Federation of Advertisers (WFA)

In cooperation with:Association Européenne pour la Protection des Œuvres et Services Cryptés (AEPOC)Association for Payment Clearing Services (APACS) (UK)European Association of Advertising Agencies (EAAA)European Brands AssociationInternet Law and Policy Forum (ILPF)

Table of contents

A Global Action Plan for Electronic Commerce Prepared by BusinessA Global Action Plan for Electronic Commerce Prepared by BusinessA Global Action Plan for Electronic Commerce Prepared by BusinessA Global Action Plan for Electronic Commerce Prepared by Businesswith recommendations for Governmentswith recommendations for Governmentswith recommendations for Governmentswith recommendations for Governments

I. Introduction: rules-based commerce in a dynamic electronicenvironment .................................................................................................... 6

Background ................................................................................................6This document............................................................................................7

II. Fundamental principles ................................................................................. 8

III. An action plan ................................................................................................. 9

1. Building trust for users and consumers .................................................9Protection of personal information ............................................................9

Privacy and transborder flows of data ............................................9Internet privacy.............................................................................10

Consumer empowerment / marketing and advertising ethics ..................11Consumer empowerment..............................................................11Marketing and advertising ethics .................................................12

Issues relating to confidentiality and lawful access to information .........13Promotion of technology development to ensure security ...........13Cryptography for confidentiality ..................................................13Access to corporate information by government authorities........13Access to public sector information .............................................13Legal interception of telecommunications ...................................14Legal interception of telecommunications by business................14

Digital signatures and certification authorities ........................................15Legal validity of digital signatures; interoperability of certificatesand digital signatures....................................................................15Common framework of rules for certification practice................16Availability of certification practice statement; accreditation......16

2. Establishing the groundrules for the digital marketplace..................17Contractual and other legal issues............................................................17

Removing legal/regulatory obstacles ...........................................17Create a uniform legal framework................................................17Incorporation by reference............................................................17Transparency and availability of proprietary and best practicelegal terms, model contracts, etc. .................................................18Dispute settlement ........................................................................18Fraud and other commercial crime...............................................18Liability ........................................................................................18

Taxation and tariffs ..................................................................................19Customs duties .............................................................................19Taxation........................................................................................19

Trade facilitation and customs modernisation .........................................20Private/public sector interface......................................................20Customs modernisation................................................................20

Intellectual property .................................................................................21Copyright and neighbouring rights...............................................21Trademarks...................................................................................22Databases......................................................................................22

3. Enhancing the information infrastructure for electroniccommerce ................................................................................................23Competition and trade-related issues .......................................................23

Telecommunications competition ................................................23IT equipment ................................................................................24Trade-related issues relating to electronic commerce ..................24Convergence.................................................................................24

Standards..................................................................................................25

Internet governance ..................................................................................26Jurisdiction ...................................................................................26Domain name system ...................................................................26

4. Maximising the benefits - Economic and social impacts ....................27Economic and social impacts ...................................................................29Small and medium-sized enterprises........................................................29Skills development...................................................................................29Ensuring global participation ...................................................................30Infrastructure deployment ........................................................................30Government as model user.......................................................................31

IV. Selected industry self-regulatory initiatives ............................................... 32

V. The coalition for coordination world-wide business action on electroniccommerce ................................................................................................. 67

I. Introduction: rules-based commerce in a dynamic electronicenvironment

BackgroundBackgroundBackgroundBackground

The emergence of global networks has already begun profoundly to influence the wayindividuals interact with each other, businesses conduct their affairs, and governments provideservices to their citizens.

As with traditional commerce, electronic commerce requires trust across the whole spectrumof users and providers of services and goods. The radical changes brought about by theemergence of open networks will in some instances require modifications to the existingframework of rules to assure this trust. In some cases new rules will be needed.

Today’s commercial transactions are governed by a mix of laws enacted by government andof business self-regulatory instruments. Governments have long acknowledged the fact that adynamic trading environment requires a cautious approach to regulation. They havetraditionally welcomed business self-regulatory initiatives as the foundation of the rulesgoverning commerce.

Self-regulation is not a new phenomenon. Throughout history, business has set its ownstandard rules and practices through a variety of organisations to lower transaction costs, toavoid and resolve conflicts, and to create consumer confidence.

The pace of change and nascent state of electronic commerce have heightened the risksassociated with premature or unnecessary government regulation. This has increased theresponsibility of business to promote a trustworthy environment through self-regulation andtechnological innovation. Business has a strong market incentive to foster the empowermentof users, but will only make the necessary investments if it can trust that governments willrecognise and reinforce the leadership of business in responding to the highly dynamic natureof electronic commerce.

Whereas today’s framework of rules has been developed and refined over many decades in anorganic fashion, global rules for electronic commerce must be created on an accelerated basis.These rules must take into account the constantly evolving and inherently international natureof electronic commerce. Where government regulation is necessary, it should beinternationally coordinated, as internationally incompatible national laws create a fragmentedglobal market with significant uncertainty as to what rules apply. In addition, extraterritorialapplication of a country's laws - and claims for far reaching application of a country'sregulatory schemes - poses a significant problem to business, users and consumers and is athreat to electronic commerce. Therefore, mutual recognition of regulatory schemes affectingelectronic commerce (e.g., financial industry including capital and securities markets,financial services, insurance and banking, consumer protection schemes, taxes) is crucial.Jurisdiction, choice of law agreements, and enforcement issues must be dealt with urgently.

This document…This document…This document…This document…

Part II of this document establishes a set of fundamental principles as the basis for theframework in which policymaking for electronic commerce should take place. Part IIIpresents a proposed framework for action that has been agreed by the world’s leadinginternational business organisations that are working together to provide business leadership,in cooperation with governments and others. The plan describes business actions andcommitments in concrete terms and identifies business expectations of government action. Itis proposed as a reference point for all relevant business and government organisations tocontribute to the efficient and transparent development of the minimal rules necessary for astable and predictable electronic commerce environment.

The action plan calls for a “hands off” approach by government on certain issues, whilstrecognising that electronic commerce raises many important public policy considerations thatmay require governmental facilitation. Government intervention may be required in suchmatters as intellectual property protection, taxation, and the removal of barriers to competitionin providing the underlying infrastructure (see Principle 2 in Part II below). However, in suchmatters as privacy and harmful content, business solutions such as self-regulation andtechnology tools are the preferred and more effective means than legislation to create trust inelectronic commerce.

The objective of the action plan is to provide an inventory of fundamental business views onthe issues that government must deal with and to give a clear overview of business action inthose areas where market-driven, industry-led solutions are most likely to be found.

The action plan also responds to various high-level statements made by governments in recentyears about the need for business to lead the development of electronic commerce. Businessaccepts this task and proposes this action plan as a mechanism for providing such leadershipin a coordinated and transparent fashion.

As further evidence of the efficacy of this approach, Part IV of the document presents asample compilation of successful self-regulatory solutions currently in use or beingdeveloped.

Finally, Part V describes the coalition of business organisations that collaborated in this workand gives a brief overview of each.

It is the intent of the authors that this document be a “living document” that evolves aselectronic commerce implementation enfolds and provides experience and new evidence ofsuccessful projects. To this end, readers are invited to submit comments for improvementand, where appropriate, endorsements to:

Christiaan van der ValkDeputy Director of Policy Commissions

and Manager - Telecoms and E-commerce, ICCTel 33-1-49532913Fax 33-1-49532859

e-mail: [email protected].

II. Fundamental principles

Business believes that a number of fundamental principles should shape the policies thatgovern electronic commerce, if the promises of electronic commerce are to be fulfilled. Inthis context, we provide the following Policy Principles for Global Electronic Commerce. Weexpect that these Principles may be extended as additional knowledge and insights are gained.

1 The development of electronic commerce should be led primarily by the private sectorin response to market forces.

2. Government intervention, when required, should promote a stable, international legalenvironment, allow a rational allocation of scarce resources and protect generalinterest. Such intervention should be no more than is essential and should be clear,transparent, objective, non-discriminatory, proportional, flexible, and technologicallyneutral.

3. Mechanisms for private sector input and involvement in policy making should bepromoted and widely used in all countries and international fora.

4. In recognition of the global nature of electronic commerce, government policies whichaffect it should be internationally co-ordinated and compatible and those policiesshould facilitate interoperability within an international, voluntary and consensus-based environment for standards setting.

5. Transactions conducted using electronic commerce should receive neutral taxtreatment in comparison to transactions using non-electronic means. Taxation ofelectronic commerce should be consistent with established, internationally acceptedpractices, and administered in the least burdensome manner.

6. Regulation of the underlying telecommunications infrastructure, when necessary,should reduce impediments to competition, enabling new services and new entrants tocompete, globally, in an open and fair market.

7. Participation in electronic commerce should be pursued through an open andcompetitive market.

8. The protection of users, in particular with regard to privacy, confidentiality, anonymityand content control should be pursued through policies driven by choice, individualempowerment, industry-led solutions, and should be in accordance with law whereapplicable.

9. Business should make available to users the means to exercise choice with respect toprivacy, confidentiality, content control and, under appropriate circumstances,anonymity.

10. A high level of trust in the Global Information Infrastructure-Global InformationSociety (GII-GIS) should be pursued by mutual agreement, education, furthertechnological innovations to enhance security and reliability, adoption of adequatedispute resolution mechanisms, and private sector self-regulation.

III. An action plan

This chapter aims to provide fundamental business views on:

(a) the main barriers to the development of electronic commerce(b) solutions already developed by government and business(c) the respective roles of governments and business, and, within that context –

• actions business intends to take with respect to specific problems; and• actions business considers governments should take, and through which organisations.

1. Building trust for users and consumers

The protection of users, in particular with regard to privacy, confidentiality, anonymity andcontent control should be pursued through policies driven by choice, individualempowerment, industry-led solutions, and should be in accordance with law where applicable.

Business will make available to users the means to exercise choice with respect to privacy,confidentiality and content control.

Protection of Personal Information

Business actionBusiness actionBusiness actionBusiness action Government action requiredGovernment action requiredGovernment action requiredGovernment action required

1. Privacy andtransborder flows ofdata

Business endorses the principles setout in the OECD 1980 Guidelinesfor the protection of Privacy andTransborder Flows of PersonalData, and is committed toimplementing fair informationpractices and transparentprocedures consistent with theseGuidelines.

Business uses model contracts andinternal control procedures tosatisfy the requirements oflegislation restricting export of datato third countries that do notprovide "adequate protection".Several new model contracts willbe published and presented forendorsement to relevant authoritiesbefore 1999.

Governments should adopt a flexibleand responsive approach to theprotection of personal information,including the acceptance of self-regulatory solutions and technologicalinnovations that empower the user.

Mutual recognition of existingprocedures, laws and directives shouldbe accomplished as soon as possiblethrough international cooperation.

Different approaches to the protectionof personal information should notprevent transborder data flows. Inassessing the level of protectionprovided to personal information inother jurisdictions, the criterion shouldbe the objective level of protection.

2. Internet privacy Business is committed to work withgovernments to foster mutualrecognition of culturally differentbut adequate regimes for protectionof personal information in thedigital environment

Business is developing, based onglobal marketplace experience, fairinformation practices that areconsistent with the 1980 OECDPrivacy Guidelines. It does sothrough self-regulation, voluntarycodes and by making commerciallyavailable technologies, whichenable a high level of privacyprotection tailored to user needsand preferences.

In some countries, authentication ofcompliance to these industrypolicies for privacy protection isalready provided by numerousconsumer interest and securityassurance institutions.

Business is reviewing existing self-regulation to ensure that they takeinto account new technologies andprovide effective and credibleprivacy protection.

Governments should recognise that theInternet is a new medium providingnew opportunities and challenges.Regulatory and self-regulatory systemsmust be flexible in order to provideconsumers with useful protection oftheir personal data and guaranteebusiness’s legitimate interests.

To that end, governments should:• work with the private sector to

adopt a flexible interpretation ofexisting regulatory solutions;

• recognise the validity andadequacy of effective self-regulation augmented by the use ofprivacy-enhancing technologies;and

• educate the public to use suchprivacy-enhancing technologiesproperly.

Consumer empowerment / marketing and advertising ethics

Within a freely functioning global electronic marketplace, increasingly sophisticated, userfriendly tools and business practices for empowerment of consumers are being developed.Those retail Web-sites offering wide ranges of consumer choice and providingindividualisation of the consumer experience are succeeding in gaining customer support.Allowing this free market to develop and expand globally, without government over-regulation, is essential to consumer empowerment.


1. Consumerempowerment

Increasingly sophisticatedempowerment tools for consumerswill be developed to protect andempower consumers in a trulyglobal marketplace.

Consumer protection is an essentialelement of building trust in theonline environment and is directlycomplementary to market principlesof consumer service andsatisfaction. Therefore, there is abusiness advantage to be gained bycompanies that safeguard consumerinterests.

Consumer protection should developfrom appropriate business/consumerplatforms. Business, and interestedparties, should be fully involved ininternational discussions to set policiesfor consumer protection.

Governments have a major role ineducating and empowering the publicto enhance awareness of theirresponsibilities and ability to exercisechoice with respect to their protectionas consumers.

The international legal community hasonly just started reviewing the manycomplex legal issues surroundingapplicable law and jurisdiction incyberspace. Any premature regulationmandating the law and forum of thecountry of destination for consumertransactions would seriouslyundermine the growth of electroniccommerce, as compliance would beoverly burdensome for all business andpractically impossible for small andmedium-sized enterprises.

2. Marketing andadvertising ethics

Business in many countries has amature system of self-regulatorycomplaint mechanisms andcooperative enforceable self-regulation for advertising practices,such as industry or tradeassociations, chambers ofcommerce, better business bureaux.The concept of business self-regulation on marketing ethicscontinues to evolve to adapt to theonline environment throughinternational cooperation andagreement.

Business will continue to improveupon self-regulatory solutions forInternet advertising and marketresearch. Business will establishappropriate international self-regulatory enforcementmechanisms for violation of suchbest practice rules, if existingmechanisms are deemed to beineffectual.

In the borderless global environment ofthe Internet, internationallyincompatible national laws onadvertising and promotions seriouslyimpede cross border sales.

Governments should support self-regulation for Internet advertising atthe global level based on the existinggood cooperation between governmentagencies and business self-regulatorybodies for traditional advertising at thenational level.

Issues relating to confidentiality and lawful access to information

Lawful access issues should be reconsidered urgently in the broader context of current shiftsin the value of information.


1. Promotion oftechnologydevelopment toensure security

Business continues to developtechnology for ensuring security inorder to build trust in electroniccommerce.

Governments should supportfundamental private sector researchand development relating to securitytechnology.

2. Cryptography forconfidentiality

It is crucial for electroniccommerce that business and end-users are able to choose thecryptographic systems that best suittheir needs, and that these systemscan function internationally. Themarket for cryptographic productsand systems should for that reasonbe without restrictions.

Business acknowledges the needfor lawful access to information.Business is opposed to anymandatory system based on aspecific technology.

The OECD cryptography policyguidelines were an important step inthe direction of a uniform internationalapproach. The urgent need for strongencryption in electronic commercenecessitates the next step in thisco-operation between business andgovernment. Governments mustenhance electronic commerce on a freemarket by removing obstacles to theuse of publicly offered standardencryption solutions.Governments should commit to:• remove all export controls on

cryptographic technologies andapplications; and

• cooperate in such a way thatinteroperability of solutions forinternationally secure exchange ofinformation is facilitated,independent of their choice ofregulation.

3. Access tocorporateinformation bygovernmentauthorities

Business will recommend bestpractices for competition and otherrelevant government agencies.

Governments should work withbusiness to define appropriatesafeguards and to achieve theappropriate balance between privacyand lawful access to information.

4. Access to publicsector information

To ensure that the informationbusiness holds is correct and topromote efficiency and consumersatisfaction, business needs accessto public sector information toconduct its transactions.International principles, ifappropriate, should be developed inorder to guarantee fair use ofpersonal information.

Governments should guarantee equaland transparent access to public sectorinformation to ensure business’slegitimate interests, whilst recognisingthe need to achieve a balance with theprotection of personal information.

5. Legal governmentinterception oftelecommunications

The development of acceptableinternational standards isimportant. Business is concernedabout the wide range ofgovernment organisations devisingstandards which may lead toinconsistencies.

Discussions that may affect existingwiretapping safeguards should includebusiness participation as a matter ofprinciple.

6. Legal interceptionoftelecommunicationsby business

Business needs to monitorcommunications to prove businesstransactions and for quality controlor training purposes for the benefitof the customer. Some regulatoryinitiatives restrict these legitimatepractices.

Governments should guarantee thatbusiness can continue to monitorcommunications for legitimatepurposes (such as the proof of abusiness transaction, quality controland training) with the consent of onlyone party to the communication.

Digital signatures and certification authorities

Digital signatures or electronic signatures* are important to ensure proper identification ofcommunicating partners, and authenticity and non-repudiation of messages that theyexchange. For this to be realised, a number of international actions need to be taken. Digitalcertification is an embryonic sector that requires a flexible framework of rules to evolve. Self-regulation should be given preference to avoid the lock-in effect of inflexible and potentiallyincompatible government regulation. Many countries are developing, or have alreadyimplemented, electronic signature laws that include rules pertaining to certification services.Existing national laws range from fairly liberal to extremely detailed and cumbersome.Governments have an important role to play in assuring the legal validity of digital signatures.


1. Legal validity ofdigital signatures;interoperability ofcertificates anddigital signatures

Business looks forward to workingwith governments withinUNCITRAL and other relevantbodies in this field.

Technical interoperability shouldbe ensured by the private sector.The legal acceptability ofcertificates and digital signatures,both within a nation andinternationally, should be promotedby the private sector with thesupport of appropriate governmentpolicies.

Governments should encourage andsupport the UNCITRAL activity onelectronic commerce, including itscurrent work on electronic signatures,certification authorities and relatedlegal issues.

Digital signature laws and anyregulatory procedures for recognitionshould not be written to requirelocalisation or otherwise act as tradebarriers. Neutral criteria relating toadequacy should be used to determinerecognition.

Standards for electronic signatures thatare used or recognised by governmentsshould be technology neutral, notendorse or favour any particularsolution and should allow fortechnological innovation.

* The terms “digital signature” and “electronic signature” are often used interchangeably. This had led to significantinternational confusion as to the use of the term. This topic is not appropriate for an in-depth discussion in this paper. Werefer interested parties to www.iccwbo.org/guidec2.htm or www.ilpf.org/work/ca/draft.htm and related informationsources for further information and definitions. For the purpose of clarity, the term “digital signature” as used in thisdocument refers to “a transformation of a message using an asymmetric cryptosystem such that a person having the ensuredmessage and the ensurer’s public key can accurately determine: (a) whether the transformation was created using theprivate key that corresponds to the signer's public key, and (b) whether the signed message has been altered since thetransformation was made.” The term “electronic signature” as used in this document refers to “a signature in electronicform in, or attached to, or logically associated with, a data message, and used by or on behalf of a person with the intent toidentify that person and to indicate that person’s approval of the contents of the data message.”


2. Commonframework of rulesfor certificationpractice

Common definitions and bestpractice guidelines for certificationpractice have been published byseveral business organisations andwill be continually revised toreflect business practice.

Government efforts in this field shouldbe limited to providing basic rules onwhich commercial certificationpractice can freely develop accordingto market needs. Such efforts shouldbe coordinated internationally andshould take account of the existence ofself-regulatory solutions.

3. Availability ofcertification practicestatements;accreditation

Business will develop best practicerules for certification practicestatements (CPSs) allowing forvarying levels of liability. Centralrepositories providing easy accessto CPSs will be developed bybusiness.

Governments should facilitate theemergence of borderless networks ofcertification authorities supportingmutual recognition agreements.Governments should not impose anylicensing schemes that could disruptsuch mutual recognition. If required,accreditation should be voluntary,based on internationally recognisedbest practices.

2. Establishing ground rules for the digital marketplace

Contractual and other legal issues

In a business-to-business relationship, freedom of contract must prevail as the underlyingprinciple of all efforts to create an appropriate legal environment. Governments can supportelectronic commerce by enabling electronic contracting and by facilitating the legalrecognition of digitally authenticated documents and contracts. Governments should avoidprescriptive and detailed legislation in these areas, but rather develop facilitating legislation,which may assist the private sector in developing self-regulatory solutions.


1. Removinglegal/regulatoryobstacles

Traditional self-regulatorysolutions for international trade arecontinually being adapted to newbusiness practice.

The global business community isanalysing existing legal and policybarriers to the digital marketplace,and will make recommendationswhere appropriate.

Countries should implement theUNCITRAL Model Law on ElectronicCommerce as soon as possible. Therehave been calls to elevate portions ofthe UNCITRAL Model Law to aConvention.

Some international conventions needto be adapted (UN-ECE has publishedan analysis of international work to bedone). The good cooperation thatexists among private- and public sectorinternational legal expert bodies shouldbe a model for future cooperationbetween business and governmentstoward electronic commerce.

2. Create a newuniform legalframework

Through various private-sectortrade promotion and facilitationorganisations, a framework of self-regulatory rules for electronic tradeis evolving.

Governments should continue to workthrough relevant internationalorganisations to provide basic uniformlegal rules, on a subsidiarity basis (i.e.only where self-regulation cannotsuffice), to enable electroniccommerce.

3. Incorporation byreference

In electronic commerce, terms oflegal significance will increasinglybe incorporated into contracts byreference. Business will continue todevelop more effective, transparentand user-friendly deliverymechanisms for the full definitionsof such terms.

Governments should continue work onbasic international principles for legalvalidity of incorporation by referencefor all kinds of transactions. Theserules should aim to provide certaintyfor all parties to electronic commercetransactions.

4. Transparency andavailability ofproprietary and bestpractice legal terms,model contracts, etc.

On-line legal databases with user-friendly reference systems will bemade available for use by partiesconducting on-line transactions.

Governments are encouraged topromote such business-drivenrepositories and to contribute publiclegal terms and instruments to it.

5. Dispute settlement Speed and expertise in settlingelectronic commerce disputes areimportant. Providers of alternatedispute settlement systems arecreating tailor-made systems.

Governments should encourage the useof self-regulatory dispute settlementmechanisms as an effective way ofresolving electronic commercedisputes. Courts should developelectronic commerce expertise as well.

6. Fraud and othercommercial crime

Business will continue to advisegovernments on appropriate actionto combat electronic commercefraud. Specialised businessorganisations will continue toprovide information on fraud andfraudsters to the businesscommunity.

Criminal laws, courts and enforcementagencies should develop moreexpertise to deal with electroniccommerce fraud and computer crime.Close cooperation with business isvital in this process.

Digital signatures are important forusers to protect themselves againstfraud. Their legal validity should beaddressed as soon as possible.

7. Liability Business will review generalquestions of liability in electroniccommerce and submit its findingsto relevant governmentalorganisations.

Freedom of contract should be theguiding principle. Governments shouldavoid creating liability rules that canimpede the advancement of electroniccommerce and should work withbusiness to identify areas whereliability rules are required.

Taxation and tariffs

Transactions conducted using electronic commerce should receive neutral tax treatment incomparison to transactions using non-electronic means. Taxation of electronic commerceshould be consistent with established, internationally accepted practices, and administered inthe least burdensome manner.


1. Customs duties Business applauds the decision byWTO member states to continuetheir current practice of notimposing customs duties onelectronic transactions.

WTO Ministers on 20 May 1998declared that member states wouldcontinue their current practice of notimposing customs duties on electronictransactions.

2. Taxation Business will continue to workwith governments, including in thecontext of the OECD, to explainnew technologies and their taximplications.

Tax neutrality should be the guidingprinciple. No new taxes or tax regimesshould be imposed to target electroniccommerce. Governments have mademuch progress discussing taxationissues in the OECD with input frombusiness. Governments shouldcontinue to work closely with businessto keep track of developments inelectronic commerce and to ensure thatpractical business considerations aretaken into account in formulatingtaxation policy for this fast-developingfield.

Trade facilitation and customs modernisation

For business to use fully the benefits of electronic commerce, documentation in electronicform should not be denied legal acceptability solely on the grounds that it in digital form. Thehandling of customs documentation, for example, will be both faster and more cost effective ifit can be made in electronic form. The legal acceptability of auditing records and receipts inelectronic form from electronic commerce transactions are other examples that cansubstantially reduce costs and facilitate and promote electronic trade.


1. Private/publicsector interface

Business and governments shouldwork together to ensurecompatibility between standards atappropriate interfaces.

Work on customs data requirements isunder way in the WCO and the G7. Inother fields, there does not seem to bean organised effort to harmoniserequirements. OECD would be anappropriate forum to address interfaceissues relating to taxation.

2. Customsmodernisation

Further to the April 1998Symposium on Trade Facilitation,business is keen to cooperate withgovernments within the WCO andWTO on issues relating to customsmodernisation. Business willcontinue to work with and advicecustoms authorities on issuesrelating to electronic commerce.

To enable businesses and consumers toreap the benefits of electroniccommerce, governments should workthrough the WCO and WTO toenhance the efficiency andtransparency of customs proceduresthrough the use of informationtechnologies.

Governments have an important role toplay in addressing questions of tradepolicy and assuring the legal validity ofdocuments in digital form.

Intellectual property

Adequate protection of intellectual property rights in intangible assets in cyberspace is a toppriority.


1. Copyright andneighbouring rights

Technology is being developed tobetter track and protect copyrightedmaterials, and manage rights.Business is in dialogue withgovernments to ensure thatcopyright (including neighbouringrights) regimes are applied to thedigital environment in a mannerthat promotes electronic commercewhile protecting intellectualproperty rights.

Business sectors are committed tocooperating to prevent, deter andrespond to infringements that takeplace over digital networks,including the implementation oftechnical protection measures; thedevelopment of marketplacesolutions such as licensing;cooperation with law enforcement;and refining procedures forpromptly responding to clearevidence of infringements,including notification.

Business will continue to provideinformation on the intellectualproperty implications of newtechnology.

WIPO adopted the Copyright and thePerformances and Phonograms Treatyin December 1996. Governmentsshould now move promptly to ratifyand implement these treaties, takinginto account the challenges andopportunities of the digitalenvironment. Governments reviewingthe applicability of copyrightinfringement liability rules shouldcarefully examine how these rulesapply to all stakeholders in the digitalnetworked environment. The goalmust be the establishment of abalanced and realistic framework ofaccountability that respectsinternational norms; providesincentives for increased inter-industrycooperation to deter and respond toinfringements; promotes responsiblebusiness practices; does not imposeeconomically unreasonable ortechnically infeasible/unpracticableburdens on intermediaries that neithergenerate, select nor control content;and preserves an appropriate role forcourts.

Governments should consider furthermeasures to secure property rights inthe digital networked environment,including filling the gaps in protectionfor producers and performers of soundrecordings left by the Performancesand Phonograms Treaty.

2. Trademarks Business has highlighted theproblems raised by the discrepancybetween the national scope oftrademark laws and theinternational nature of electroniccommerce and will work withWIPO to examine possiblesolutions. (See also Domain namesystem under Internet governancebelow).

Governments should work together atthe international level in WIPO toensure that national differences intrademark law and policy do notimpede the trademark owner’s abilityto exploit and protect their trademarksin cyberspace.

3. Databases Business is contributing to WIPO’swork on this issue.

Governments should continue to work,through WIPO, towards adequateprotection of intellectual property indatabases.

3. Enhancing the information infrastructure for electroniccommerce

Competition and trade-related issues

Open competition in the provision of products and services at all levels of the informationsociety is a prerequisite for the development of electronic commerce. Regulation of theunderlying telecommunications infrastructure, when necessary, should increase competition,enabling new services and new entrants to compete, globally, in an open and fair market. Theconvergence of telecommunications, IT and multimedia raises important questions thatrequire international attention for liberalisation efforts to produce optimum results.


1. Telecom-municationscompetition

Business remains committed toproviding practical informationabout appropriate competitivesafeguards. Business will continueto call on regulatory authorities toset and implement conditions foropen and fair competition aimed atlowering the cost of anddiversifying telecommunicationservice.

Business is studying means ofavoiding and settling commercialdisputes between competitors toprovide an alternative to resolutionby regulatory agencies.

Effective implementation of the WTOagreement on basictelecommunications is of criticalimportance. In consultation withbusiness, governments with experiencein telecommunications liberalisationshould actively assist signatorycountries that still have to start thisprocess. Countries that have scheduledcommitments under the WTOagreement on basictelecommunications should review theextent to which their markets arefulfilling the agreement, publish theirfindings on a regular basis, and, whereappropriate, remove MFN exemptions.

The OECD, ITU and WTO - withintheir respective domains - have a roleto play in facilitating such assistance.

Efforts should be made to increase thenumber of signatories and ratificationsof the WTO agreement on basictelecommunications. The schedulingof market opening commitments inbasic telecom services should include:(1) specifying a date certain for fullliberalisation, (2) progressivelyremoving foreign ownershiprestrictions and (3) adopting thereference paper in its entirety. Suchcommitments should be a priorityconsideration in negotiations foraccession to the WTO by new membercountries.

2. IT equipment Business applauds the WTOInformation Technology Agreement(ITA) and urges expansion of itscoverage during the ITA IInegotiations. Business urges non-signatories of ITA to join inconfirming their tariff practices tothe ITA.

The WTO ITA is of great importancefor the development of electroniccommerce and should be widelyimplemented and expanded. Allgovernments should make efforts toexpand the list of items to which theITA applies.

3. Trade-relatedissues relating toelectronic commerce

Business encourages the WTO totake a leadership role on trade-related issues in electroniccommerce, and offers its support inidentifying priorities to removebarriers.

WTO Ministers have mandated theGeneral Council to establish acomprehensive work programme toexamine all trade-related issuesrelating to electronic commerce.Governments should immediatelybegin preparations to develop anagenda with business to support thisprocess.

4. Convergence Convergence of technologies isleading to the need for concomitantconvergence in regulation ofbroadcasting, IT and telecoms.Convergence is crucial to electroniccommerce and must be supportedby appropriate government policies.Businesses are already developing,providing and using products andservices taking full advantage ofthe convergence phenomenon.These developments are likely toaccelerate.

The OECD and ITU have addressedthis issue. Governments should workclosely with business in preparing forand reacting to changes caused byconvergence by applying the followingprinciples:• competition policy should be used

as much as possible as thepredominant means of preventingabuses of market power in thetelecommunications and mediasectors.

• government regulation should belimited to promoting competition,allocating scarce resources and,where legitimate, defining publicinterest objectives.

Standards

Electronic commerce offers great economic efficiencies, linking all parts of a transaction intoone integrated end-to-end chain. Government policies should facilitate interoperability withinan international, voluntary and consensus-based environment for standards setting. Themarket needs a fully interoperable architecture, which is being developed within existingstandards-setting institutions or by market forces. In addition to enforcing appropriatecompetition laws, governments should ensure that standards are accepted by customs, taxationand other relevant governmental agencies. Government should refrain from developingcompeting standards through procurement mechanisms. Where market mechanisms do notrespond to government procurement needs, the private sector and government should worktogether to develop a responsive, inter-operative interface.


Standards Standards for electronic commerceshould continue to be marketdriven.

Business will continue to workwith all relevant internationalstandards-making bodies to developinternational standards.

Governments should avoid mandatingunnecessary standards that could beled by business.

Internet governance

Because the Internet is rapidly becoming the vehicle for global electronic commerce,developing appropriate rules for its governance, including those for domain namemanagement, will be important.


1. Jurisdiction Business will work withgovernments to find solutions to theproblems associated withdetermining jurisdiction incyberspace. Alternative disputeresolution mechanisms, which mayprovide a partial solution to theseproblems, are being developed byexisting dispute settlementinstitutions and cooperative effortsby the legal professioninternationally.

Appropriately, jurisdiction is one ofthe issues that the UNCITRALWorking Group on ElectronicCommerce plans to work on in thefuture.

Governments should encourage the useof alternative dispute resolutionmechanisms.

2. Domain namesystem

Business should have a significantrole in the formation of policy forgovernance of the domain namesystem and the development ofpolicy.

Business will review the need forspecific mechanisms for speedyresolution of commercial disputesrelating to domain names.

Governments should• continue to support the proposed

transfer of administration of theInternet name and address systemto the private sector

• ensure that the transfer processdoes not prejudice the system'sstability and continuity and thatexisting trademarks are protected.

• support initiatives to ensure thatthe business community will havea sufficient voice in thegovernance of the domain namesystem.

4. Maximising the benefits - economic and social impacts

Electronic commerce is an innovative approach to ensuring future sustainable economicgrowth. Throughout the world, the profound impact of electronic commerce on theeconomies of the globe will undoubtedly improve economic efficiency, competitiveness andprofitability. Within such an environment countries in all stages of development will have theopportunity to benefit by:• increasing internal organisational and management efficiency of enterprises;• increasing transaction efficiency and reducing transaction costs for both suppliers and

buyers;• extending market reach of suppliers and increasing choice for both suppliers and

consumers;• providing accurate information to improve service delivery such as in health provision or

the provision of information to consumers. Electronic commerce facilitates established business-to-business commercial relations, salesby companies to consumers, and exchanges between consumers. It affects the businessenvironment at national, regional and global levels, and generates major opportunities, andnew challenges, for market growth and development of jobs, industries and services.Consequently, internationally coordinated efforts are essential in order to secure the economicbenefits of electronic commerce for both the information “rich” and the information “poor”. Electronic commerce will have a number of positive impacts, including: • Shrinking the production and distribution chain by reducing intermediation and changing

its nature. In addition, using networks to integrate markets directly with suppliers andinventory-tracking procedures can help reduce costs and allow more flexible productionmethods.

• Providing virtual shopping facilities that will change concepts of retailing for a number of

goods and services and enhancing the ability of customers to browse and choose newproducts and services.

• Increasing market competition as costs for consumers are reduced and as market entry

costs for suppliers are lowered. • Raising productivity growth and the development of new activities will lead to new job

creation, but will also result in the demand for new skills.

Measuring electronic commerce as accurately as conventional commerce is not easy given thedifficulty of defining it and adequately capturing the value associated with it. Nevertheless,for policy purposes such data are needed to focus the policy debate so that action is directedtowards activities that accurately reflect electronic commerce and its contributions toeconomic growth and development.

Small and Medium-Sized Enterprises (SMEs) represent an increasingly important dimensionof the global economy. Particular efforts should be made to promote SME involvement inelectronic commerce to ensure that they can take maximum advantage of the ability of

telecommunications and information technologies to deliver cost efficiencies, quality controland competitiveness in manufacturing and service industries. As one of the most dynamicfeatures of a growing economy, SMEs play a critical role in creating employment andenhancing GDP. Electronic commerce provides SMEs with lower market entry costs and theability to extend geographic reach to a much larger market.

Electronic commerce is changing the way we do business. We have moved from an industrialeconomy where machines dominated productivity, to an information-based economy whereintellectual content is the dominant source of value added and which knows no geographicboundaries. In this new environment, education and lifelong learning will be essential not onlyfor workers but for all in society. As industry, commerce, and services are transformed bytechnology, many skills, not only of employees but also of managers and the self-employed,need to be improved or acquired. Future education will be supporting formal and non-formallearning arrangements and making it available to a much wider range of people, includingadults returning to learn. The new information technology, such as interactive media anddistance learning, will offer wider access and innovative approaches to education. As futureeconomic prosperity and social and political cohesion depend on a well-educated population,lifelong learning will be essential for everyone as we move into the 21st century.

It is important to recognise the need for global cooperation by both business and governmentsto facilitate electronic commerce. Otherwise, there is a risk that a large segment of theworld’s population may not be able to participate in the economic and social benefits that canarise from electronic commerce. The World Bank for example has recently estimated that aninvestment of $300 billion over the next five years will be required to upgrade thetelecommunications infrastructure in developing and emerging economies. According to theWorld Bank, 55 percent of this investment will need to come from private capital, sincepublic sources of funds are diminishing. Therefore, these countries need to take measures topromote competition and to ensure an appropriate investment climate.

Countries around the world should use electronic means of communications to deliver publicservices and to make public procurement procedures more efficient. This area requiresincreased attention to ensure that these processes and services keep pace with global norms.The benefits are government efficiencies, equalisation of service provision to all citizens, andthe demonstration of government leadership in the use of electronic commerce technology andservices.


1. Economic andsocialimpacts

Business organisations willcontinue to support studies andanalyses of the impact of electroniccommerce and share these findingwith governments and internationalorganisations.

Governments are encouraged to informsociety, both individual consumers andbusinesses, about the potentials ofelectronic commerce and its impact onsocial and economic structures.

Governments and internationalorganisations, notably the OECD,should be encouraged to collect andanalyse data relevant to the study ofelectronic commerce in order toeffectively measure its economic andsocial impact.

International developmentorganisations such as the World Bankshould study the potential impact ofelectronic commerce on emergingeconomies in an effort to assist in theeconomic development process inthose nations.

2. Small andmedium sizedenterprises

Business organisations willpromote marketing and technologysupport for SMEs through businessorganisations and chambers ofcommerce. Business willencourage greater interactionbetween large corporations andSMEs to provide access toelectronic commerce networks forsupplier and contractingopportunities.

Government should provide SMEswith information and educationrelevant to market entry opportunitiesprovided by global electroniccommerce.

3. Skillsdevelopment

Business is committed to continueworking with government topromote technical training and life-long learning for all in society.

Governments should review existinglabour laws to remove existing barriersfor workers to be able to share in thenew and different employmentgenerated by electronic commerce.

Governments should continue topromote both formal and non-formalskills-development programs.


4. Ensuring globalparticipation

Existing business organisations willwork to expand the participationfrom business in developingcountries in promoting the uses andbenefits of electronic commerce.

Business will expand its advisoryrole with internationalorganisations dealing withelectronic commerce issues.

Existing international organisationsshould increase cooperation, as well ascoordination and transparency of theirrespective work programmes.

All governments should ensure openand competitive electronic commercemarkets to secure their participation inthe benefits of the information society.Governments should expandopportunities for active businessparticipation.

5. Infrastructuredeployment

Business will remain an importantdriver in the development of theinformation infrastructure becauseit mobilises the private capitalneeded to build the globalinformation infrastructure and todevelop the technologicalinnovations that enhancecommunications.

As telecommunications transitionsfrom a monopoly to competitiveenvironment, a crucial role for thegovernment is that of being a neutralforce in the economy that ensures pro-competitive behaviour, transparentrules, and value to the user.

International organisations shouldprovide a forum for coordinatedgovernment action and internationalcooperation on matters relating toglobal development. Agreementsdrawn up by multilateral organisationsoffer the private sector andgovernments the necessary legal andregulatory certainty for investment.

6. Government asmodeluser

Business will work withgovernments to offer cost-effectiveelectronic delivery systems for thepublic sector.

Governments are encouraged to usenew electronic delivery systems toprovide the means to significantlyenhance the internal efficiency andproductivity of public administrations.

Governments should promoteelectronic commerce through its publicprocurement system, done in a fullyopen and competitive environment,based on cost-efficient, commercialsolutions that are technology neutral.

Governments are also encouraged touse new electronic means to delivercore public services. In particular thiswould concern public information andcultural resources, databases for healthservices, web sites at local, regionaland national levels and public librariesand databases, where appropriate.

IV. Selected industry self-regulatory initiatives

Name of initiative Guideline for codes of practice for InternetService Providers

Objective This guideline consists of 7 Chapters, 20 articles and 2additional rules. The objective of this guideline is to protectusers (including minors) and to realise the sounddevelopment of Internet Connection Services by themembers of Telecom Services Association of Japan byresponding appropriately to various problems (illegal orharmful content etc.) arising from providing InternetConnection Services.

Enforcement mechanism(s) Voluntary

Issuing/implementingorganisation(s)

Telecom Services Association of Japan (TELESA)

Leader(s) initiativeSupportingorganisation(s)

[expected] Date of issuance /implementation

16 February 1998

General Business-to-business; Business-to-consumer; GenericSector Internet Service Providers, Telecommunications CarriersScopeGeographic Japan

Examples of application The association consists of 402 enterprises.Participation public sectorFor full text/further informationconsult/contact

http://www.telesa.or.jp/e_guide/e_guid01.html

Possible/expected evolution of theinitiative

The Guidelines will be reviewed continuously to ensure itsefficacy as a guiding principle for members of theAssociation.

Name of initiative Guidelines for Protecting Personal Information inCyber Business

Objective The purpose of these guidelines is to provide suitableprotection for personal information by stipulating basicmatters concerning the handling of personal information incyber business. We hope that all business entities engagedin cyber business will review these guidelines, and thencreate voluntary rules with regards to their own business inorder to promote the solid growth of cyber business in thefuture.



Cyber Business Association



17 December 1997

General Business-to-consumerSector Internet ProvidersScopeGeographic Japan

Examples of application The association consists of 115 enterprisesParticipation public sectorFor full text/further informationconsult/contact

http://www.fmmc.or.jp/associations/cba/index_english.htmlc/o: Foundation for Multimedia Communications (FMMC)Nisso 22 Bldg. 5F, 1-11-10 Azabudai,Minato-ku, Tokyo 106-0041 JapanTel: +81 3 3583 5811 Fax: +81 3 3583 5813


Name of initiative High assurance general ID-certificate with privatekey protected in an electronic ID-card

Objective Co-operation between public and private sector in order tofacilitate common rules for strong authentication, use ofdigital signatures and strong encryption during transport ofdata. These three basic security services can be used forelectronic commerce as well for governments’ need for a”single face to citizen”

Enforcement mechanism(s)Need for interoperability

Voluntary by members of the non profit organisationCertifications by the organisation until nationalstandardisation decisions are made.


SEIS – Secured Electronic Information in Society (A non-profit organisation with c 60 organisations from bothprivate and public sectors).Leader(s) initiative

Supportingorganisation(s)


Technical specifications and a Certification Policy(16/06/98). Partly implemented by banks and the SwedishPost

General Generic. All specification published via the net. Free to beused.

SectorScope

Geographic SwedenExamples of application First used in the finance sector for Internet Banking and

other payment instructions. Public catalogue services notyet available. > 50 000 users.

Participation public sector Members of SEISFor full text/further informationconsult/contact

[email protected] www.seis.se


The general ID-certificate can be used for applications ofany other certificate belonging to other PKI-schemes (e.g.SET Certificates, email certificates etc)

Name of initiative ICC Internet advertising guidelines

Objective Guidelines proposing standards for ethical conduct ofadvertisers and marketers offering goods and services overInteractive Media to increase the public's confidence inmarketing in the interactive media, to safeguard advertisers'freedom of expression, to minimise the incentive forgovernmental regulation, and to meet reasonable consumerprivacy expectations.

Enforcement mechanism(s) Like ICC's other marketing codes, the Internet guidelinesare voluntary but serve as a global reference point forprinciples of ethical behaviour by companies world-wide.They are of a general nature so that national and sector-specific rules can build on them.


ICC (International Chamber of Commerce)



2 April 1998

General The Guidelines set standards of ethical conduct to beobserved by all involved with advertising and marketingactivities on the Internet.

Sector Non sector-specific

Scope

Geographic InternationalExamples of application Not yet availableParticipation public sector NoneFor full text/further informationconsult/contact

http://www.iccwbo.orgViviane Schiavi, +33-1-49532809


Will be updated regularly as needed

http://www.iccwbo.org/

Name of initiative World Chambers Network (WCN)

Objective Enabling electronic commerce among SMEs. A globalelectronic network on the Internet for the exchange ofbusiness information and opportunities. WCN allowschambers of commerce to promote their companies to theworld and to network with other chambers of commercearound the world.


Leader(s) initiative




IBCC (International Bureau of Chambers of Commerce)Paris Chamber of Commerce and IndustryG77 Chambers Trade NetworkIBNET


1994

General Business-to-business. Chamber-to-chamberSector Non sector-specific.ScopeGeographic International

Examples of application A company that sells ergonomic pens opened businesscontacts with one of the largest office supply chains in theUnited States. A Swedish dental equipment importer is nowdoing business with China and a thermal cushionmanufacturer found an agent in the Netherlands.

Participation public sector NoneFor full text/further informationconsult/contact

http://www.iccwbo.orgAnthony Parkes, +33-1-49532967


The network will offer qualified, validated businessinformation, providing a higher level of trust through theintervention of trusted third parties such as chambers ofcommerce.


Name of initiative Framework of best-practice rules fordematerialised trade

Objective These high-level rules are intended to bridge gaps in thecurrent framework of best practice trade rules and laws tofacilitate electronic trade in a completely "open"environment as well as exchanges with the assistance of acentral registry.

Enforcement mechanism(s) Voluntary but binding once incorporated or referred to incontract.




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To be published in 1999

General Business-to-businessSector Non sector-specificScopeGeographic International

Examples of application Not yet availableParticipation public sector NoneFor full text/further informationconsult/contact

http://www.iccwbo.orgChristiaan van der Valk +33-1-49532913


---


Name of initiative ICC E-Terms repository

Objective The ICC E-Terms repository will give users of electroniccommerce easy access to legal terms (proprietary, public orbusiness "best practices") used in electronic commerce, sothat they can compose their contracts fully on-line.

Enforcement mechanism(s) Incorporation of E-Terms by reference to a unique identifieris expected to render electronic commerce terms moretransparent and enforceable for contracting parties.




Discussing endorsement/support with range of groups andorganisations.


Mid 1999

General GenericSector Non sector-specific, but especially suitable for support of

PKI (Public Key Infrastructure).Scope

Geographic InternationalExamples of application Not yet availableParticipation public sector NoneFor full text/further informationconsult/contact

http://www.iccwbo.orgChristiaan van der Valk, +33-1-49532913




Name of initiative Dispute resolution for electronic commerce & Y2K

Objective ICC offers a variety of high-speed, low-cost methods forresolving Y2K and electronic commerce disputes througharbitration under the 1998 ICC Rules of Arbitration; Fast-track arbitration under the 1998 rules; Centre for Expertisefor use prior to any formal dispute resolution mechanism;ICC Rules for Optional Conciliation, which is a form ofvoluntary and non-binding mediation.

Enforcement mechanism(s) After voluntary incorporation into a contract an arbitrationclause becomes binding upon the parties. Pursuant tovarious treaties (i.e. the New York Convention), arbitralawards are enforceable in signatory states. Alternatedispute resolution mechanisms may be appropriate vehiclesfor the enforcement of self-regulatory guidelines, codes andpractices.





Specific rules under development; new generic arbitrationrules in effect since 1 January 1998.

General Mostly business-to-business, but consumer-to-businessdisputes are not excluded.

Sector Non sector-specific.Scope

Geographic InternationalExamples of applicationParticipation public sector NoneFor full text/further informationconsult/contact

http://www.iccwbo.orgFabien Gelinas, +33-1-9532943


ICC dispute resolution mechanisms will continue to evolveto meet business needs in electronic commerce andgenerally.


Name of initiative Model contract clauses for transborder dataflows

Objective Building on the widely supported 1992 ICC/EC/Council ofEurope model clauses, these model clauses ensure that adata subject can have redress against a data exporter if adata importer in a country that does not provide “adequateprotection” according to the jurisdiction of the exporterviolates a privacy rule according to the laws of the countryof export. As such, they are intended to bridge the gap thathas widened between some jurisdictions as a result ofdifferent approaches to privacy protection.

Enforcement mechanism(s) Once voluntarily incorporated into a contract, the clausesbecome fully enforceable both for the contracting partiesand, in most legal systems, the data subject.





October 1998

General Business-to-business self-regulatory solution to protectpersonal data.

Sector Non sector-specific.Scope

Geographic InternationalExamples of application Not yet available for 1998 version. 1992 version has been

widely applied.Participation public sector NoneFor full text/further informationconsult/contact





Name of initiative General Usage for International Digitally EnsuredCommerce (GUIDEC)

Objective A set of common definitions and business-generated bestpractices for certifying and "ensuring" electronic commerceto:• facilitate further development of solutions to security• identify problems in electronic commerce over the

Internet• Act as a unifying or starting point for some of the

diverging policy approaches.Enforcement mechanism(s) Voluntary.





November 1997

General Business-to-businessSector Non sector-specific.ScopeGeographic International

Examples of application GUIDEC has been widely referred to in the press and byindustry as a unique reference for industry best practicesand harmonised definitions. It has been submitted for useas reference material for UNCITRAL work on electronicsignatures.

Participation public sector NoneFor full text/further informationconsult/contact



Will be updated in 1999


Name of initiative ICC trust-enhancing services for PKI

Objective As chambers of commerce are developing registration andcertification services to support digital signatures, ICC willprovide top-level accreditation services to enhance trustglobally.

Enforcement mechanism(s) Participation would be voluntary but enforcement of criteriawould be contractual.




IBCC (International Bureau of Chamber of Commerce)


Implementation expected in 1999


Examples of application ---Participation public sector NoneFor full text/further informationconsult/contact



---


Name of initiative Model electronic sales contract

Objective Based on ICC's model contract for the international sale ofgoods, this contract will facilitate electronic tradetransactions.

Enforcement mechanism(s) Once entered into, the contract is enforceable as any other.The model can be customised to meet specific needs ofparties.





To be published in 1999.


Examples of application ---Participation public sector NoneFor full text/further informationconsult/contact



---


Name of Initiative Canadian Standards Association Model Code forthe Protection of Personal Information

Objective Addresses two broad concerns: the way in whichorganisations collect, use and disclose personalinformation; and the right of individuals to have access topersonal information about themselves and to have theinformation corrected if necessary.

Enforcement mechanism(s) Voluntary, but referenced by law or regulatory bodies in avariety of situations in Canada.


Canadian Standards Association (CSA)


Price Waterhouse - chairITACCBAStentorAmerican ExpressPublic Interest Advocacy CentreDigital


March 1996

General Consumer -to-BusinessSector Transportation, Telecommunications, IT, Insurance, Health

and BankingScope

Geographic CanadaExamples of application Industry Canada - Jan 1998 - The Protection of Personal

Information suggests using the CSA Model as a frameworkfor Canadian legislation on privacy.

Participation public sector Ministry of Consumer and Commercial Relations (ON)Industry CanadaOffice of Privacy CommissionerDepartment of JusticeHeritage Canada

For full text/further informationconsult/contact

CSA178 Rexdale Blvd.Etobicoke, Ontario M9W 1R3Tel: (416) 747-4044Ellen [email protected]


mailto:[email protected]

Name of Initiative BBBOnLine Reliability Program and BBBOnlinePrivacy Program

Objective BBBOnLine was established to help build consumer trustand confidence in online commerce. The Reliabilityprograms helps assure that a company’s advertising istruthful & accurate, the company commits to delivering theproducts & services offered and that, if the company cannotresolve a dispute with a consumer, it commits to using athird party arbitration/mediation program such as the BetterBusiness Bureau. BBBOnLine Privacy will offer anassessment process to demonstrate a company’s ability tostand behind the promises made in its online privacy policyand will offer a dispute resolution process for consumerprivacy concerns.

Enforcement mechanism(s) In both the reliability and Privacy programs a companysigns a license agreement committing to the principles ofthe program and the particular resolution process applicableto the program.


BBBOnLine is part of the Council of Better BusinessBureaus representing 320 major corporations and 135 localBetter Business Bureaus. The local bureaus have over250 000 business as part of their membership base.




BBBOnLine Reliability launched on 30 April 1997BBBOnLine Privacy is expected to be fully operational by31 March 1999

General Both programs are applicable to all businesses that are ableto meet the standards and other criteria of the program.

Sector Initially the programs are only covering business in the US.The long-term goal is to work with other organisationsaround the world to help build a global approach to helpingconsumers identify businesses that stand behind theirproducts, services, advertising claims and privacy policies.

Scope

GeographicExamples of application The BBBOnLine Reliability Program currently has 1900

companies participating and new companies are beingadded at a rate of between 30 and 40 a week. As of thisdate all disputes have been resolved without a formalarbitration needed. The expectation for the PrivacyProgram is to have 300 business participating by 31 March1999.

Participation public sector BBBOnLine works closely with the US Federal TradeCommission, State Attorney Generals and local lawenforcement organisations if a fraudulent or scam type website is identified. In developing the new Privacy programBBBOnLine is working closely with the Department ofCommerce and Federal Trade Commission. The Council ofBetter Business Bureaus has a long successful historyworking closely with appropriate government organisations.


Mr Russell BodoffGeneral Manager

BBBOnLine Inc.42 Wilson BoulevardArlinton, VA 22202Tel 1 703 247 9331Fax 603 243 54 15e-mail: [email protected]: www.bbbonline.org


Goal is to partner with other organisations to develop aglobal approach to building consumer trust and confidencein online commerce.


http://www.bbbonline.org/

Name of Initiative CAP Trustmark Scheme for UK InternetAdvertising

Objective A self-regulatory scheme for UK Internet advertising so thatadvertisers can declare to consumers their intention toadvertise in a legal, decent, honest and truthful way. Thosejoining the scheme agree to comply with the British Codesof Advertising and Sales Promotion and the rulings of theAdvertising Standards Authority. Main aims are to:- give consumers trust and confidence in Internet

advertising, especially advertising in the Trustmarkscheme, and

- inspire the confidence of governments, opinion formersand consumers in self-regulation for Internet advertisingto ensure that new legislation on advertising is kept to aminimum.

Enforcement mechanism(s) Voluntary agreements between advertisers, agencies and themedia to comply with the British Codes of Advertising andSales Promotion and rulings of the Advertising StandardsAuthority, backed up by legislation applied by the Office ofFair Trading (a government department) through theControl of Misleading Advertisements Regulations 1988.Adjudications on complaints under the Codes are publishedin the ASA’s Monthly Report, which is published on theASA’s website and circulated in a printed version tojournalists, government departments, the advertisingindustry, opinion formers and is available free of charge onrequest. The use of the CAP trustmark scheme does notindicate “approval” by either the ASA or CAP of theadvertising material on the Internet. ASA will considercomplaints against UK advertisers who are not in thescheme as well as against those who are in the scheme.


The Committee of Advertising Practice through itsTrustmark Standing Group


The Advertising Standards Authority


Spring 1999 (subject to consultation)

General The British Codes of Advertising and Sales Promotioncover consumer-to-business and business-to-business non-broadcast advertising. The Trustmark scheme is principallyaimed at giving consumers confidence in business-to-consumer advertising.

Sector The Trustmark scheme and the Codes apply to UK Internetadvertising and the use of the scheme will enablecompanies to declare to consumers that the UK is theircounty of origin and that they will cooperate with the ASAand CAP in resolving complaints.

Scope

Geographic The UK Codes also cover the Isle of Man and the ChannelIslands.

Examples of application In 1997 the ASA received 32 complaints about Internet and

electronic advertisements. Only seven warranted actionunder the Codes and in each case the advertisements wereamended in line with the ASA’s ruling.

Participation public sector Consultation on the Trustmark scheme will includediscussions with the relevant UK Government departments,in particular the Department of trade & Industry and theOffice of Fair Trading, and also local government agencies,consumer organisations. At this stage consultation is withthe trade bodies in CAP, the Internet advertising industryand related trade bodies.


Caroline Crawford, Director of Communications,ASA/CAP2 Torrington Place, London WC1E 7HWtel: 44-171-580 5555Fax: 44-171-637 5979


ASA is one of the 22 countries in the European AdvertisingStandards Alliance. The Alliance is looking at developingsimilar schemes linked to the UK initiative for its members.The members of the Alliance, which includes all EUmember states, operate a cross-border complaintsmechanisms for resolving complaints made in one countryabout advertisements published in another. The schemewill also be recommended to the International Chamber ofCommerce (ICC) for consideration in their discussion onthe arbitration of complaints under the ICC InternetGuidelines published in April 1998.



Name of Initiative TRUSTe

Objective TRUSTe’s goals are to accelerate the growth of e-commerce by building consumer trust and confidence in e-commerce by empowering users to decide how theirpersonally identifiable information will be used by the Website. TRUSTe also works to educate site developers on theimportance of demonstrating the site’s commitment toaddressing online privacy to both consumers andgovernments.

Enforcement mechanism(s) Sites that choose to become licensees of the TRUSTeprogram must sign a one-year licensing agreement. Theagreement must be renewed each year. The agreementstipulates conditions by which the licensee must adhere,including privacy principles and escalation procedures. Theagreement must be signed by an officer of the company andis contractually binding.

The site must demonstrate, to TRUSTe’s satisfaction, theircompliance with the TRUSTe privacy principles prior toobtaining the TRUSTe seal or trustmark. Uponsatisfactorily completing the TRUSTe initial reviewprocess, the site is awarded the TRUSTe trustmark. Overthe course of the contract, subsequent reviews will beconducted by TRUSTe to ensure the site is in compliancewith TRUSTe’s privacy principles and their own statedprivacy practices. A variety of mechanisms includingoffsite surfing of the site and “seeding” technologies arealso used.

The TRUSTe program also includes a consumer disputeresolution where consumers can voice concerns aboutTRUSTe licensees should their interactions with thelicensee prove unsatisfactory. Complaints generated byeither a consumer or TRUSTe follow a progressiveescalation process that is dictated by the licensingagreement. Sites have agreed, by signing the contract, tocooperate with TRUSTe’s review and escalation process.


TRUSTe—the digital industry’s only non-profit, self-regulatory effort focusing exclusively on individual privacyrights online.Leader(s) initiative


Founding Organisations: Electronic Frontier Foundation,CommerceNet Consortium


Commercial launch of the program: June 1997

General Business-to-consumer primarily, business-to-businesssecondarily

Sector AllScopeGeographic Currently US-centric, expansion plans include global

penetration

Examples of application # of licensees: 220 sites as of September 9, 1998Influence of licensees: 15 of top 20 most visited sites,including all major Internet portals are TRUSTe licensees.It is estimated that TRUSTe licensees reach 90% of USInternet users.

Participation public sector TRUSTe has participated at a number of US government-sponsored forums including the FTC Privacy Workshop, theDepartment of Commerce Privacy Forum and privacyworkshops. In addition, TRUSTe has presented its programinternationally to OECD-led privacy workshops.


www.truste.orgSusan [email protected] Miranda Avenue, Suite 175Palo Alto, CA 94304650-856-1525 phone650-858-1936 fax


The TRUSTe program has evolved in the 18 months sinceits commercial launch. It is anticipated that furtherdevelopments and changes will occur as market andgovernment forces dictate. Global expansion of theprogram is planned in 1999.

http://www.truste.org/


Name of initiative The Online Privacy Alliance (OPA)

Objective The Online Privacy Alliance's objective is to enhance anindividual's trust in online activities and electroniccommerce by promoting effective protection of personallyidentifiable information. The OPA proposes to empowerindividuals by requiring its members to adopt andimplement privacy policies that include notice anddisclosure, choice, data security, and data quality andappropriate access. Other elements of the OPA programinclude a set of privacy principles specifically designed forchildren under the age of 13, and redress/enforcement (seebelow) encouraging the creation of third partyaccountability systems.

Enforcement mechanism(s) The OPA's enforcement mechanism is based on anassumption of industry self-governance and is consistentwith the U.S system of checks and balances. OPA memberscommit themselves to participate in effective andappropriate self-regulatory enforcement activities andmechanisms. OPA believes that validation thatorganisations are engaged in meaningful self-regulation ofonline privacy by an independent trusted third party may benecessary to grow consumer confidence. OPA believes thatsuch validation can be best delivered through "seals" whichcan be made easily recognisable in the market. Theauthority of federal and state law enforcement agencies toprosecute for deception those who claim to abide by suchthird party programs but do not, serves as an anchor for thevoluntary enforcement programs.



The OPA sponsors consist of more than 50 leading U.S.companies and industry associations who reach allAmerican individuals on the Internet.



The OPA launched its programs on June 22, 1998.

ScopeGeneral Business-to-consumer and Business-to-Business(user)

Sector cross-sectoralGeographic The United States of America

Examples of application (Number of subscribers, hits, buyers, etc; case-law,arbitration awards, etc.)

Participation public sector The OPA consulted broadly with the U.S. Government andconsumer advocates and actively participated inconsultations sponsored by the U.S. Government thatbrought together U.S. business and consumer and privacyadvocates.


www.privacyalliance.orgChristine VarneyHogan & Hartson

555 Thirteenth Street, N.W.Washington, D.C. 20004tel: 202/637-7284fax: 202/637-5910email: [email protected]


The OPA will work to create awareness within industry forthe need to post privacy policies on websites consistentwith the OPA principles and will work with third partyprograms to ensure that outreach to industry is a long-terminitiative.

Name of Initiative Report on Information and CommunicationTechnology (ICT) and the consumer

Objective To identify consumer related aspects of ICTEnforcement mechanism(s) Not applicable


The Confederation of Netherlands Industry VNO-NCWand the Dutch consumer organisation Consumentenbond


--


May 1998

General The report discusses the identified consumer-related aspectsof ICT. It focuses on the legal position of the consumer.

Sector --Scope

Geographic NetherlandsExamples of application --Participation public sector The relevant Dutch ministries ( of

Economic Affairs, and of Justice ) were actively involved indrafting the report


Full text : An abstract of the report is available at the Socialand Economic Council, P.O Box 90405, 2509 LK TheHague, NetherlandsTel. 31-70-3499646Fax 31-70-3832535e mail : [email protected]://www.ser.nl


--

Name of initiative Business code of conduct from the Swedish IT-companies’ Organisation

Objective The Swedish IT-companies’ Organisation has issued sevenbusiness rules for their members. One of the rules regulatesthe following aspects of electronic information:• Distribution of inappropriate or abusive information• Respect of privacy and integrity• Electronic marketing and spamming• Transparency in pricing and other conditions

Enforcement mechanism(s) Binding on membersIssuing/implementingorganisation(s)

Swedish IT-companies’ OrganisationLeader(s) initiative


Federation of Swedish Industries

Date of issuance / implementation 1997General Business-to-business and business-to-consumerSector --ScopeGeographic --

Examples of application 600 member companiesParticipation public sector --For full text/further informationconsult/contact

www.sito.se


--

http://www.sito.se/

Name of initiative Testbedding and Evaluation Model for ShoppingMall Construction Technologies (Mall Expression,Display, and Operability)

Objective This guidelines is to perform selective prototype evaluationon matters relating to mall expression, display, andoperability, particularly from the viewpoint of consumerconvenience and cost effectiveness of implementation.



Electronic Commerce Promotion Council of Japan(ECOM)



March, 1998

General Business-to-consumerSector Non sector-specificScopeGeographic Japan (nation wide)

Examples of application Not yet availableParticipation public sectorFor full text/further informationconsult/contact

http://www.ecom.or.jp/[email protected]


---

Name of initiative Security Guidelines for Smart Card ElectronicMoney Systems

Objective To analyse the potential threats to smart card electronicmoney systems and summarise the security functionrequisites for electronic money systems. This report hasbeen compiled primarily for system engineers (SE) andothers involved in building electronic money systems.



Electronic Commerce Promotion Council of Japan (ECOM)



April, 1998

General Business-to-consumerSector Financial institution as issuerScopeGeographic International

Examples of applicationParticipation public sectorFor full text/further informationconsult/contact



---

Name of initiative Guidelines for Use of Smart Cards(contact/contactless)

Objective Targeting shops, businesses, and operation companiesexpected introduce smart cards and systems, theseguidelines address a cross section of items to be examinedand information required in the course of introducing suchsystems. They address the conceivable fields or situationsof application and provide specific content related to thosefields and situations. Overall, this report amounts to aneffort to promote and facilitate the use of smart cards.






March, 1998

General Business-to-consumerSector Non sector-specificScopeGeographic International




---

Name of initiative Certification Authority Guidelines

Objective These guidelines are intended for operators of certificationauthorities, and put a special focus on certificationauthorities in large, open systems that issue certificatesavailable for electronic transactions and payment, electronicdata exchange, electronic mail, etc. conducted among manyunspecified people.






March, 1998

General Business-to-consumerSector Non sector-specificScopeGeographic Japan/International





Name of initiative Hotlines against illegal content. There are three ofthem in the Netherlands: against childpornography on the Internet, againstracism/discrimination on the Internet, againstillegal content on the Internet

Objective Reports to these hotlines result in swift action against thereported illegal content, where necessary in cooperationwith public official an/or police. In addition to beingillegal, illegal content has a strong negative impact onInternet in general and specifically on the trustworthiness ofthe medium.

Enforcement mechanism(s) Voluntary. Working on formal public-private partnership.


NLIP is the Dutch ISPA (ISPA-Nl): Internet ServiceProviders Association Netherlands


Government, police


Operational for 2 years now

General All citizens and companies can reportSector InternetScopeGeographic Netherlands

Examples of application Many reports made to each hotline. See for instance yearlyreport (in English) at www.meldpunt.org

Participation public sector Law department, department of the interior, policeFor full text/further informationconsult/contact

[email protected] (president/CEO NILP)


Organisational links being made to other European andglobal initiatives, cooperation with public authoritiesdeveloping.

http://www.meldpunt.org/

http://www.nlip.nl/

http://www.meldpunt.org/

http://www.meldpunt.nu/


Name of initiative Cross Certification Guidelines (alpha version)

Objective An end entity will need to possess multiple certificates,including certificates used across multiple applications, aswell as certificates used on a per service or applicationbasis. This document is provided for end entities usingmultiple application certificates to enjoy various types ofservices through the use “cross certificates” issued by thesame or another certification domain.






March, 1998






Name of initiative Guidelines on Personal Information Protection inElectronic Commerce in the Private Sector

Objective To ensure the sound development of electronic commerce,all enterprises or individual businessmen that handlepersonal data of consumers in electronic commerce musttake measures to protect these data. These guidelines havebeen prepared for the purpose of protecting personal datahandled in electronic commerce.






March, 1998

General Business-to-consumerSector Non sector-specificScopeGeographic Japan/International





Name of initiative Guidelines for transactions between virtualmerchants and consumers

Objective To promote the sound and healthy development of EC,these guidelines have been adopted as policies aimed atcompanies and designed to make transactions fair andprotect the consumer, with the emphasis on preventingtrouble before it occurs.






March, 1998






Name of initiative Electronic Notary System Guidelines

Objective These guidelines concern those who participate inelectronic commerce, MIS departments in companies, andelectronic notary service providers. It establishes guidelinesfor safe, secure electronic commerce.






March, 1998

General Business-to-consumerSector Non sector-specificScopeGeographic Japan (nation wide)




---

Name of initiative Code of conduct on privacy

Objective To translate the EU privacy directive, especially thoseprinciples that can be found in the OECD PrivacyGuidelines, into practical and balanced guidelines for thelegitimate processing of personal data and to ensure anadequate level of protection in the private sector. Leadingprinciples are market demand and consumer empowerment.

Enforcement mechanism(s) Easy accessible complaint procedures and alternativedispute resolutions. Depending on the way the sector isorganized: contractually binding or viamembers/subscribers. Certification will most probably beanother way of enforcement.



Joint inititative of the Dutch consumers association DeConsumentenbond and the Confederation of NetherlandsIndustry and Employers VNO-NCW


The Dutch private sector


By the end of 1998

ScopeGeneral Business-to-business; Business-to-consumer

Sector All sectorsGeographic No limits, also no clause on jurisdiction


[email protected] (Sergej Katus)


If desired by the market, the code may serve as a basis forsector specific privacy codes. A code of conduct for theworking environment is considered as well.

Name of initiative The legal framework for electronic commerce:selfregulation

Objective After investigating what instruments can be used forselfregulation and conducting an analysis of what topicsshould be included in a Code of conduct (which took placeJanuary-June 1998), the Code of conduct for ElectronicCommerce will be drafted (from September on).

Enforcement mechanism(s) Contractually binding for subscribers, possibly agreementson private-law settlement of disputes. Certification willpossibly be another way of enforcement.



At the request of the Dutch Ministry of Economic Affairs,the Dutch Electronic Commerce Platform (ECP.NL) isconducting the investigation


The Dutch Ministry of Economic Affairs, the Confederationof Netherlands Industry and Employers(VNO-NCW), theDutch private sector (a.o. banks, ministries, consumerorganisations, universities & large businesses).


Spring 1999


Sector All sectorsGeographic No limits

Examples of applicationParticipation public sector See "Supporting organisations"For full text/further informationconsult/contact

[email protected] (Arie van Bellen)[email protected] (Nicolette Docter)


If desired by the market, the code may serve as a basis forsector specific codes of conduct.

Name of initiative TTP.NL

Objective To stimulate the development of secure and trustedcommunication and storage of electronic information bydeveloping a national, interoperable TTP-infrastructurewhich is in harmony with current market developments andneeds.

Enforcement mechanism(s) Accreditation- and certification scheme ( to which TTP'scan voluntarily adhere). Possibly a quality-mark for TTP'sthat participate.



The Confederation of Netherlands Industry andEmployers(VNO-NCW); the Dutch Ministries of EconomicAffairs; Transport, Public Works & Water Mangement; theDutch Electronic Commerce Platform (ECP.NL)


Representatives of providers and users of TTP-services (a.o.notaries, post and banks), the Dutch private sector (a.o.consumer organisations, universities & large businesses).


End of 1999


Sector All sectorsGeographic

Examples of applicationParticipation public sector See "leaders initiative"For full text/further informationconsult/contact

[email protected] (Arie van Bellen)[email protected] (Nicolette Docter)


In the timeframe of the project, it is expected that thenecessary infrastructure and "tools" for the development ofTTP-services in the Netherlands should be completed.During the project all relevant market parties will beconsulted and informed.

V. The coalition for coordinating world-wide business action onelectronic commerce

On the occasion of the Ottawa Ministerial Conference on electronic commerce and similar initiativestaken by governments around the world in recognition of the importance of electronic commerce, theworld’s leading business organisations decided to create a coordinating coalition to provide businessleadership in cooperation with governments and various international organisations, including theOECD, on information society issues and electronic commerce. Jointly, these organisations representthe bulk of electronic commerce in almost all countries in the world.

BIACThe Business and Industry Advisory Committee to the OECD

The Business and Industry Advisory Committee to the OECD (BIAC) is the voice of businessfrom the economically advanced democratic nations of the world. Recognised by the OECDsince 1962 as its business advisory counterpart, BIAC has the mission of ensuring that theOECD hears a broad-based, considered business advice on all sectors of activity that itembarks upon. BIAC's membership consists of the principal industrial and employers'organisations of the OECD Member countries. These represent the majority in terms ofemployment, output, assets and investment by the private sector in the advanced marketeconomies.

Over the years BIAC, its member organisations, and their member companies have beendeeply involved in the work of OECD on information and communications and electroniccommerce through direct participation in OECD committees as observer and by providingtechnical and policy advice to various processes that develop OECD instruments such as the1980 "Privacy Guidelines" or more recent work on cryptography policy.

ICC International Chamber of Commerce

ICC is the world business organisation. With corporate and business organisation membershipin more than 130 countries, it is the only representative body that speaks with authority onbehalf of enterprises from all sectors in every part of the world. Founded in 1919, ICC'spurpose is to promote an open international trade and investment system and the marketeconomy worldwide. Its rules for international trade transactions and trade finance areaccepted globally by traders, governments and judges. The ICC International Court ofArbitration is the world's leading institution of its kind. ICC brings together executives andexperts from all sectors of business to establish the business stance on broad issues of tradeand investment policy as well as on vital technical or legal subjects. The ICC's broadframework of rules for international trade and commerce evolves continuously to take intoaccount changes in business practice. ICC has issued best practice rules for electronic

commerce since the 1980s and continues to harmonise business rules and practices to meet theneeds of the information society.

GIICGlobal Information Infrastructure Commission

Launched in 1995, the Global Information Infrastructure Commission (GIIC) is a privatesector advocacy group bringing together 50+ CEOs and Presidents of major internationalcorporations with a stake in the development of the GII. GIIC members are from bothdeveloped and developing countries. The GIIC serves as a bridge between diverse players andbusiness communities around the world, thus fostering the global dialogue necessary toaddress critical issues in building the global information infrastructure. The GIIC hasestablished on-going policy dialogues with governments and international organisations,providing them with pragmatic advice and input as they transition to the new body of policiesand laws needed to support a secure, seamless global communications environment andmarketplace. Four main thrusts of GIIC activity are: 1) facilitating the creation of harmonisedrules to support global electronic commerce; 2) bringing developing countries into the processof building the global information economy; 3) spurring the reform of education systems toprepare for the Information Age; and 4) fostering an open environment for the development ofinformation infrastructures and services. GIIC membership is representative of all the majorelements of the information technology sector, including telecommunications hardware andservices providers, computer hardware and software companies, cable, broadcast, andpublishing companies, new satellite companies, international organisations, governments, andacademics. The GIIC's regional co-chairs are Les Alberthal, (chairman and CEO of EDS),Volker Jung, (executive vice president, member of the managing board, Siemens), and MichioNaruto (vice chairman, Fujitsu). W. Bowman Cutter (managing director of E.M. WarburgPincus) acts as the GIIC managing director.

INTUGInternational Telecommunication Users Group

INTUG is an international association of users of communications technology & applications.It has an extremely wide constituency. Founded in 1974, it has its Secretariat in Brusselswhere it is registered as an international non-profit organisation. It meets in plenary sessionfour times a year.

Members include national users groups which represent the interests of users in Europe, theAmericas, Asia-Pacific and Africa. Associate and individual members come from majormultinational enterprises, academia, law and other relevant industry sectors. Many ofINTUG's member groups have been particularly successful in their interaction with nationalgovernment policy makers; also in regional economic policy forums.

INTUG itself promotes the interests of all users at the international level and ensures that thevoice of the user is clearly heard whenever communications policy issues are addressed.

Its Special Interest Group on Y2K issues has been extremely active and was a specific focusof the INTUG meeting in Brussels in June 1998.

WITSAWorld Information Technology and Services Alliance

The World Information Technology and Services Alliance (WITSA) is a consortium ofinformation technology industry associations from economies around the world. Serving asthe global voice of the information technology industry, WITSA is dedicated to:

• advocating policies that advance the industry’s growth and development;• facilitating international trade and investment in information technology products and

services; and• providing members with a vast network of contacts in nearly every geographic region of

the world.

Through its network of 32 national associations, WITSA:

• serves as a forum for the identification of common issues and views;• formulates positions on information technology issues, including the recently concluded

World Trade Organisation (WTO) Agreement on Basic Telecommunications Services;• voices the concerns of the international information technology community at multilateral

organisations including the WTO, the World Intellectual Property Organisation (WIPO),the G-7 and other international fora where policies affecting industry interests aredeveloped;

• provides information on international marketing and business development;• promotes information sharing on information technology policy developments throughout

the world; and• hosts the biannual World Congress on Information Technology.

© 1998Business and Industry Advisory Committee to the OECD (BIAC)

Global Information Infrastructure Commission (GIIC)International Chamber of Commerce (ICC)

International Telecommunication Users Group (INTUG)World Information Technology and Services Alliance (WITSA)

All rights reserved.

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