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By John Dickie

Manufacturers and shoppers in european E-Commerce legislation argues that the ecu Union is failing competently to guard shoppers' severe pursuits within the zone of e-commerce. the writer compares the Union's shut and swiftly enacted safety of manufacturers' serious pursuits in e-commerce, by way of authorship and in 'domain-identity', with its faltering steps in the direction of safety of customers' corresponding pursuits, noticeable when it comes to reasonable buying and selling, privateness and (on behalf of youngsters) morality. the writer assesses the threats posed to those disparate pursuits, the level to which self-help can and does neutralize these threats and, relating to any gaps left, the level to which the Union has stepped into the breach.

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64 The nature of the three interests identified above will now be broken down. I—Fair Trading Consumers’ fair trading interest is postulated as that in adequate information about producers and products,65 secure payment mechanisms, and redress where a product does not meet their reasonable expectations. html). 64 COM(2004) 91, at 3. 65 See generally: J Stiglitz, ‘The Contributions of the Economics of Information to TwentiethCentury Economics’ (2000) Quarterly Journal of Economics 1441; G Hadfield et al, ‘InformationBased Principles for Rethinking Consumer Protection Policy’ (1998) 21 Journal of Consumer Policy 131.

53 At 25. 55 Other surveys have echoed these results. )61 The surveys above demonstrate that consumers attach particular importance to their interests in ‘fair trading’, ‘privacy’ and ‘morality’. The latter is largely a proxy interest, ie held by parents on behalf of children, yet it can nevertheless be powerful in hampering consumer use of e-commerce. Children are de facto buyers of goods and users of services, and much of the potential of e-commerce lies in its facilitation of home-shopping—yet parents may be discouraged from allowing this (some even perhaps from installing Internet access) whilst the electronic environment is not safe for children.

Recital 1 to Directive 2000/31/EC on e-commerce. 84 It argued generally that the high levels of technological penetration in Europe created fertile conditions for the electronic marketplace,85 and clearly envisaged the regulatory focus as lying beyond the Member States, stating that the EU must ensure that: 81 Of course the contrary may be the case where e-mail lists and newsgroups are used, but in respect of rogue traders, such communications forums will not always be effective in warning consumers of them.

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