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process of eCommerceLorant Kovacs

Association for eCommerce

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preabulum

“Cooperation with third countries should be strengthened in the area of electronic commerce, in particular with applicant countries, the developing countries and the European Union's other trading partners.”

(2000/31/EC Art 1,. Sec 62.)



Question

How long does it take the on-line buying?

1 sec (when I click on the “buy” button)

~ 3 min (when I buy item(s) on the on-line store)

2-3 days (from I ordered the item(s) until I get it/them)

8/30 days (until the end of the cooling-off period)

6 mo.s (until the warranty ends)



First contact

select and buy item(s) in on-line store



Final contact• Hopefully it won’t be any problem(s) with the item• Hopefully the buyer will buy again from that store



Not entitled

CAUTION!You are not entitled for selling online the following products: Cigarettes, chemicals, living animals, guns, medicines (national rules!)

You have to store and deliver separately the food (milk, white meat, red meat) and the non-food items (separate means different boxes)



Not entitled (2)

CAUTION!You might be entitled for selling online the following products: “Member States may maintain restrictions for the use of electronic contracts with regard to contracts requiring by law the involvement of courts, public authorities, or professions exercising public authority” (2000/31/EC (36))



before buyingPromotion (channels):

• Searching

• Marketing

• On-line marketplace

• eDM

buying (on-line store)



before buying (Q&A)

Questions (2000/31/EC Art. 6.)(1) the commercial communication shall be clearly

identifiable as such(2) the natural or legal person on whose behalf the

commercial communication is made shall be clearly identifiable

(3) promotional offers, such as discounts, premiums and gifts shall be clearly identifiable as such

(4) promotional competitions or games shall be clearly identifiable as such



during buying

Watch out!

give adequate information

registration & data protection

Payment

Answer (for binding)

Point back: notice & takedown (Gergely Székely, Dr.)

www



during buying > information

Things that You have to keep in mind:• You are the ‘big fish’ and the visitor the afraid, small

one, who would like to get information before buy.Usually the national legal system contains regulations about the given information

• Reserve space where the visitor can contact with You(2nd slide)

• You should give the following information(3rd slide)



during buying > information (2)

• Reserve space where the visitor can contact with You– If You have public store publish the contact information

(eg. Address, tel, number)– If You have on-line store give the e-mail address of

costumers service




You should give the following information• About the product

– Name of the product– Identification of the product– Price (!!!)– Features of the product– Indicate if the product need permission– Indicate if 18/(21)+ age users can buy the product

• About the company (Art. 5.)– Name of the owner (legal entity)– Registration number (where the service provider is registered in a trade or similar

public register)– the geographic address at which the service provider is established– where the activity is subject to an authorization scheme, the particulars of the

relevant supervisory authority




• Ordering process (Art. 10.)– technical steps to follow to conclude the contract (sec. 1., a)– whether or not the concluded contract will be filed by the service provider and whether it will be accessible (sec. 1., b)– the technical means for identifying and correcting input errors prior to the placing of the order (sec. 1., c)– the languages offered for the conclusion of the contract (sec. 1., d)– Payment and shipping information

– Warranty information

Elements of the contract“…obligations should be interpreted as including information on the essential elements of the content of the contract, including consumer rights, which have a determining influence on the decision to contract.” (2000/31/EC (56))



during buying > data protection

• Security (https)

• Privacy policy - unity with Commissioner for Data Protection (and Freedom of Information ) – For what purpose? (purpose tetther)

– How long? • relative: eg. until deleting registration• subjective: exact date

– What data? (eg. name, e-mail address, tel number)

– Handle of the data (shall the service provider give out to 3rd person?)

Point back: 3rd day of ICTtrain training (data protection)



during buying > payment

The buyer can choose between the optional payments:

• pay by cash (at the store)• banking transfer• COD (collect on delivery)• with credit/debit card

Handle separately the • personal (name, e-mail address that can ID the person)

• sensitive information(eg. bank card and CVV/CCV number)!

Point back: 5th day of ICTtrain training (ePayment)



This is the offer

during buying > answer

The seller has to answer offer within 48 business hours!

OK! (within 48h)This is theaccept

of the offer

This is post-order period(next slide)}



during buying (Q&A)

• Where is the store?“the place where it pursues its economic activity” (EC (19))



After the buying

Points of attention:• Fulfilment (of the contract) • Invoice• Delivery• Cooling off period• (costumer service)• Contract & information retrieval

Point back: UCP directive (Varnai Law Firm)



After the buying (Q&A)

Questions• Does the seller has to send invoice based on paper?

(It is different in the EU)• How can the buyer retrieval the information?

(eg. contract)



Member states’ obligations

• (37) Member States' obligation to remove obstacles to the use of electronic contracts concerns only obstacles resulting from legal requirements…

• (38) Member States' obligation to remove obstacles to the use of electronic contracts is to be implemented in conformity with legal requirements for contracts enshrined in Community law.

• (40) …the provisions of this Directive relating to liability should not preclude the development and effective operation, by the different interested parties, of technical systems of protection and identification and of technical surveillance instruments made possible by digital technology within the limits laid down by Directives 95/46/EC and 97/66/EC



Member states’ obligations (2)

“Member States shall ensure that the taking up and pursuit of the activity of an information society service provider may not be made subject to prior authorization or any other requirement having equivalent effect” (200/31/EC Art.4, sec 1.)

“Member States shall ensure that the use of commercial communications which are part of, or constitute, an information society service provided by a member of a regulated profession is permitted subject to compliance with the

professional rules regarding” (200/31/EC Art.8., sec 1.)



Legal resources (EU)

• 2000/31/EC - eCommerce directivehttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32000L0031:EN:NOT

• 1999/93/EC - electronic signature• 1997/66/EC - protection and identification• 1998/27/EC - information society services• 1998/43/EC - commercial communications

• 2005/29/EC - UCP directive

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32000L0031:EN:NOT



Legal resources (HU)

• 2001. évi CVIII. Törvény. - Az elektronikus kereskedelmi szolgáltatások, valamint az információs társadalommal összefüggő szolgáltatások egyes kérdéseiről

• 1997. évi CLV. Törvény - Fogyasztóvédelemről

• 17/1999. (II. 5.) Korm. rendelet - A távollevők között kötött szerződésekről





Authorities, organizatoins

• Ministry of Economy and Transport Department for Infocommunication and e-Economy

• Ministry of Transport, Telecommunication and Energywww.khem.gov.hu/en/

• Hungarian Association of IT companies (IVSZ)english.ivsz.hu

• Association for eCommerce (SzEK)www.szek.org

http://www.khem.gov.hu/en/

http://www.ivsz.hu/

http://www.szek.org/



copyrights

• Attribution (copy, distribute, display, perform just contain the source of the work)

• Do not sell (this is non-commercial item)

• Share alike• Do not modify



worst case scenario :)

http://producten.hema.nl/








Lorant Kovacs

www.szek.org

[email protected]

Thank You for your

kind attention!

(Take a deep breath - again,

its over - the whole day ;)



http://www.szek.org/

process of ecommerce lorant kovacs association for ecommerce loading

Documents

slide slide

online store slide

www slide

contact information

online buying

following information

different boxes slide

freedom of information