The E-Commerce Directive (2000/31/EC)

Almost a year after the first reading, the Parliament adopted the amended e-commerce directive proposal. This includes those provisions in the version adopted at the first reading, together with amendments and revisions accepted by the Commission and the Council.

The Parliament in full session had rejected the Opt-In Amendment which had been tabled by the Greens and supported by the Liberals. Instead, the text for Article 7 as proposed in the report of the (then) Committee for Legal Affairs and Citizens' Rights requires the implementation of "Opt-Out" lists. The exemption from the "Country of Origin" provisions for UCE remains. This will mean that anyone contemplating sending UCE will have to respect the rules or lists in the country of destination.

The Commission accepted the greater part of the version adopted by Parliament. The labeling requirement remains, and registration on "opt-out" lists is restricted to natural persons. (Commission's notice and full text of amended proposal available in the Commission Information Society Directorate's collection of documents relating to the legal framework for the development of electronic commerce.)

N.B. these regulations are to be taken in addition to those in other directives (Distance Selling, Data Protection and Telecommunications) which provide for opt-out as a minimum. Member States can adopt more restrictive provisions if they wish. Service Providers are free to set their own TOS/AUP as they see fit (subject to legal provisions) and are not required to carry UCE.