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Is Europe on the right track to becoming ready for E-Commerce? How effective is recent regulation? (Paperback)
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Is Europe on the right track to becoming ready for E-Commerce? How effective is recent regulation? (Paperback)
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Master's Thesis from the year 2004 in the subject Law - Media,
Multimedia Law, Copyright, grade: first, distinction (mit Auszeic,
University of Wales, Aberystwyth, course: LL.M. Programm, 110
entries in the bibliography, language: English, abstract: This
Dissertation aims to assess the effectiveness and suitability of
European regulation in respect to E-Commerce. Taking the European
'Lisbon Strategy' as set out in 2000 as a starting point, this
paper examines whether Europe is on the right track to becoming
"the most competitive and dynamic knowledge-based economy (...) by
2010." Hereby, the scope of this paper is limited to E-Commerce
only as one essential part of a 'knowledge-based economy' and an
'e-ready' Europe. After outlining the special nature of E-Commerce,
the rationale behind regulation and the historical background of
European regulation in this field, this paper concentrates on four
issues where the EU has become active in regulating E-Commerce,
namely, the essential prerequisite of an existing
'e-infrastructure', e-signatures, privacy and consumer protection.
The European approach to each of these issues is assessed to reveal
its strengths and weaknesses. Moreover, this European way of
regulating E-Commerce is then compared with other regulative
attempts. Hereby, special attention is paid to the US approach to
regulating E-Commerce which is mostly based on self-regulation.
Thus, this paper comes to the conclusion that Europe is on the
right track to becoming 'e-ready' in respect to E-Commerce. Basic
regulatory decisions have the potential to lead in the right
direction, although they do not always provide the most effective
solution. Often European Directives do not reach far enough and are
outdated. Thus, they do not address E-Commerce sufficiently, give
too much discretion to the Member States and leave prevalent gaps
or do not interoperate properly. Therefore, the European regulation
on E-Commerce needs some revision and has to take some brave
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