process of eCommerceLorant KovacsAssociation for eCommerceloading

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.)

QuestionHow 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 contactselect and buy item(s) in on-line store

Final contactHopefully it wont be any problem(s) with the itemHopefully the buyer will buy again from that store

Not entitledCAUTION!

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):SearchingMarketingOn-line marketplaceeDMbuying (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 buyingWatch out!give adequate information registration & data protectionPaymentAnswer (for binding)Point back: notice & takedown (Gergely Szkely, Dr.)www

during buying > informationThings 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 informationReserve 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 YouIf 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

during buying > information (3)You should give the following informationAbout the productName of the productIdentification of the productPrice (!!!)Features of the productIndicate if the product need permissionIndicate if 18/(21)+ age users can buy the productAbout 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 establishedwhere the activity is subject to an authorization scheme, the particulars of the relevant supervisory authority

during buying > information (4) 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 contractobligations 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 protectionSecurity (https) Privacy policy - unity with Commissioner for Data Protection (and Freedom of Information ) For what purpose? (purpose tetther)How long? relative: eg. until deleting registrationsubjective: exact dateWhat 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 > paymentThe buyer can choose between the optional payments:pay by cash (at the store)banking transferCOD (collect on delivery)with credit/debit cardHandle 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)

during buying > answerThe seller has to answer offer within 48 business hours!

during buying (Q&A)Where is the store? the place where it pursues its economic activity (EC (19))

After the buyingPoints of attention:Fulfilment (of the contract) InvoiceDeliveryCooling off period(costumer service)Contract & information retrievalPoint back: UCP directive (Varnai Law Firm)

After the buying (Q&A)QuestionsDoes 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 directive http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32000L0031:EN:NOT1999/93/EC - electronic signature1997/66/EC - protection and identification1998/27/EC - information society services1998/43/EC - commercial communications2005/29/EC - UCP directive

Legal resources (HU)2001. vi CVIII. Trvny. - Az elektronikus kereskedelmi szolgltatsok, valamint az informcis trsadalommal sszefgg szolgltatsok egyes krdseirl 1997. vi CLV. Trvny - Fogyasztvdelemrl 17/1999. (II. 5.) Korm. rendelet - A tvollevk kztt kttt szerzdsekrl

Authorities, organizatoinsMinistry of Economy and Transport Department for Infocommunication and e-EconomyMinistry of Transport, Telecommunication and Energy www.khem.gov.hu/en/ Hungarian Association of IT companies (IVSZ) english.ivsz.hu Association for eCommerce (SzEK) www.szek.org

copyrightsAttribution (copy, distribute, display, perform just contain the source of the work)Do not sell (this is non-commercial item)Share alikeDo not modify

worst case scenario :)http://producten.hema.nl/

Lorant Kovacs

www.szek.orgkovacs.lorant@piarsoft.comThank You for your kind attention!

(Take a deep breath - again, its over - the whole day ;)