Study on the Economic Impact of the E-Commerce Directive

Similar documents
European contract law in consumer transactions

On 19/06/2012 the Court delivered its ruling in Case C-307/10 IP Translator, giving the following answers to the referred questions:

European contract law in business-to-business transactions

COMMISSION OF THE EUROPEAN COMMUNITIES COMMISSION STAFF WORKING DOCUMENT. Annexes to the

SUMMARY OF THE RESPONSES TO THE PUBLIC CONSULTATION

ess target EEA business rights

European Commission. Economic Tendency Surveys in the EU

Common (Consolidated) Corporate Tax Base A Personal View

REGULATORY HETEROGENEITY AND TRADE IN SERVICES. Workshop on Trade and International Regulatory Cooperation, Hildegunn Kyvik Nordås, TAD/TSD

ess target EEA business rights

PATSTRAT. Error! Unknown document property name. EN

Evaluation in : Challenges and Opportunities First annual conference of the National Coordination Authority s Evaluation Unit

COMMISSION STAFF WORKING DOCUMENT SUMMARY OF THE IMPACT ASSESSMENT. Accompanying document to the

Finnish response to the Commission s working document constituting a consultation on the UCITS depositary function

PEEIS QUARTERLY QUALITY REPORT 2 ND QUARTER PEEIs Quality Report December 08. Author: Gianluigi Mazzi

August Reply from NASDAQ OMX. Information about the respondent. Name of respondent organisation/company/natural person: NASDAQ OMX

Fieldwork February March 2008 Publication October 2008

SERVICES TRADE, REGULATION AND GVCS

EEA EFTA States Internal Market Scoreboard. March 2011

Investment and Investment Finance in Slovenia

Blaming the EU. Implementation of EU legislation for increased competitiveness. Reform agenda Reforms for a competitive business environment in Sweden

Questionnaire. On the patent system in Europe

Oxford Institute of Ageing. National, Regional and Local Social Inclusion Strategies for Older People in Europe

CESR consultation paper on understanding the definition of advice under MiFID

SUMMARY OF RESPONSES TO THE CONSULTATION ON THE REVISION OF THE INSURANCE MEDIATION DIRECTIVE

Evaluation of Late Payments Directive November 2015

Fostering an Appropriate Regime for Shareholders Rights a response to Commission s Second Consultation Paper

EFFECTS OF NEW US AUTO TARIFFS ON GERMAN EXPORTS, AND ON INDUSTRY VALUE ADDED AROUND THE WORLD

Re: Partially Revised FINMA Banking Insolvency Ordinance (BIO-FINMA)

Towards an EU law on health-care services?

Single Euro Payments Area (SEPA): Frequently Asked Questions (See IP/08/98)

Mapping of national approaches in relation to creditworthiness assessment under Directive 2008/48/EC on credit agreements for consumers

***II POSITION OF THE EUROPEAN PARLIAMENT

Main points: 1 P a g e

Lithuania. How does the country rank in the EU? Health. Overall Findings. Need Lithuania has a high need for policy reform, assessed by the experts

- discussion document for the meeting on the 28 th of September RE: Pension funds' investment restrictions Summary of replies to questionnaire

Proposal for a COUNCIL IMPLEMENTING REGULATION

EUROPEAN COMMISSION Secretariat-General

ARTICLE 29 Data Protection Working Party

Official Journal of the European Union. (Legislative acts) REGULATIONS

Markets in Financial Instruments Directive (MiFID): Frequently Asked Questions (see IP/07/1625)

Point 2.4. Feedback from LAMAS on IESS issues

Evaluation of the Part-Time and Fixed-Term Work Directives. Conference on EU Labour Law, 21 October 2013, Brussels

Ministerstvo financí České republiky

RESPONSES TO THE PUBLIC CONSULTATION OF THE EUROPEAN COMMISSION ON THE REORGANISATION AND WINDING UP OF CREDIT INSTITUTIONS

2. Authorisation and ongoing supervision of CSDs. 4. Prudential rules and other requirements for CSDs

CESR s guidelines for supervisors regarding the transitional provisions of the amending UCITS Directives (2001/107/EC and 2001/108/EC)

Proposal for a COUNCIL DIRECTIVE. amending Directive 2006/112/EC on the common system of value added tax, as regards the treatment of vouchers

Europe in the World Economy: Economic Recovery and Europe 2020

ess target EEA business rights

Reasoned Opinion of the House of Commons. Concerning a draft Regulation on a Common European Sales Law for the European Union 1

The Seal of Excellence

REPORT ON THE APPLICATION OF SIMPLIFIED OBLIGATIONS AND WAIVERS IN RECOVERY AND RESOLUTION PLANNING DECEMBER 2017

VAT in the EU ( )

Access to basic accounts and payment services in the EU

Onderwerp: EC; Public consultation on the reorganisation and winding up of credit institutions I OVERVIEW OF ISSUES RELATED TO DIRECTIVE 2001/24/EC

CONSULTATION DOCUMENT ON THE REVIEW OF THE INSURANCE MEDIATION DIRECTIVE (IMD) (EC CONSULTATION)

SYSTEMIC RISK BUFFER. Background analysis for the implementation of the Systemic Risk Buffer as a macro-prudential measure in Estonia

Working Group Public Health Statistics

European Commission Proposes Harmonised Pre-Marketing Rules for Funds

Consultation on Alternative Dispute Resolution in the area of Financial Services. Observations of Assuralia

To the Chair of the Corporate Actions Joint Working Group Mr. Werner FREY ESSF - SIFMA LONDON

Trust, Statistics & Knowledge Evidence from the EC Special Eurobarometer survey 2009

Why is Japan s inward FDI so low?

9910/18 ADD 1 JDC/ek 1 DGG 1B

3. In accordance with Article 14(5) of the Rules of procedure of the EBA, the Board of Supervisors has adopted this opinion.

Analytical Report. Fieldwork: July-August 2006 Report: September 2006

The Canadian Economy. Chapter 3: The Canadian Economy in a Global Setting. The Canadian Economy. The Canadian Economy. The Canadian Economy

THE TAX SYSTEM IN BELGIUM COMPARED TO OTHER OECD COUNTRIES

Company Car Taxation Seminar on Environmentally related taxes and Fiscal reform

OECD-JRC Second workshop on Composite Indicators of Country Performance. Paris, February 26-27, Stefano Tarantola (JRC)

PATSTRAT. Error! Unknown document property name. EN

Opinion On the European Commission s proposed amendments to SFTR reporting standards

Best execution and Pre- and post trade transparency requirements for regulated markets and MTFs CESR consultation paper

An asset-based approach to measuring vulnerability in OECD countries

Questions and Answers. Fund Accounting and Support Services RFP

CEIOPS-RP December Peer Review about the Exchange of Information and Cooperation Provisions of the General Protocol.

Synergies FP7- SFs for Research Infrastructures

EUROPEAN UNION. Brussels, 10 October 2013 (OR. en) 2011/0307 (COD) PE-CONS 37/13 EF 115 ECOFIN 439 DRS 107 CODEC 1296

EX-POST EVALUATION OF LATE PAYMENT DIRECTIVE

EU Budget 2009: billion. implemented. 4. The European Union as a global player; ; 6.95% 5. Administration ; 6.

Economic Integration and Social Cohesion: the European Union s experience. Vasco Cal Mexico November 2004

First Progress Report on Supervisory Convergence in the Field of Insurance and Occupational Pensions for the Financial Services Committee (FSC)

Supreme Audit Institutions Performance Measurement Framework. QUALITY ASSURANCE CHECKLIST FOR TERMS OF REFERENCE Draft version 1.1

Delegations will find below the fourth Presidency compromise on the abovementioned proposal.

(recast) (Text with EEA relevance)

Briefing May EIB Group Operational Plan

Insurance Distribution Directive: Intermediaries Market Evaluation

Delegations will find in Annex a Discussion Note on Single Market policy for the Competitiveness Council on 2 March 2015.

Identifying and measuring systemic risk Regional Seminar on Financial Stability Issues, October 2015, Sinaia, Romania

Fieldwork: October 2006 Report: December 2006

KICK-STARTING MORTGAGE FINANCING OF ENERGY SAVINGS RENOVATIONS:

Working conditions in Europe. Findings from the 5 th European Working Conditions Survey

10858/10 CHA/NC/hc DG G I

Review of the Shareholder Rights Directive

Business churn, sectoral performance, and economic policy

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

PRIVATE DEBT AND THE ESTIA SCHEME

Questions and Answers: Value Added Tax (VAT)

Meeting Report Code of Conduct Group 20 March 2013

Transcription:

Study on the Economic Impact of the E-Commerce Directive SANKT ANNÆ PLADS 13, 2. 1250 KØBENHAVN K TELEFON: 7027 0740 FAX: 7027 0741 WWW.COPENHAGENECONOMICS.COM Main points What does the e-commerce directive (Directive) do? Limited liability E-contracts Country of origin principle 1

Two key elements Adopted in 2000 and transposed by most EU Member States in 2002 Main objective is proper functioning of the internal market for information society services 1) The country of origin principle applies within the coordinated field: a business needs only comply with its domestic laws when selling abroad 2) The harmonised provisions The elements of the Directive 1) Areas subject to the country of origin principle 4) Harmonised provisions stemming from the ECD, subject to the country origin principle 2) Specific derogations from the country of or ig in pr in cip l e, Article 3 ( 4) ECD 5) Ou tsid e th e scope of ECD (Artic le 1 (5) ECD) 3) Ge n er al de ro ga tion s from th e c ou ntry of ori gi n p rinc ip le, Artic le 3 (3) ECD an d A nn ex 6) Outside the coor dinate field (A rticle 2 ( h) (ii) ECD 2

Limited liability provisions Articles 12-14 in the Directive define and limit the liability for intermediary service providers where they act as mere conduits, caches or hosts of information The liability provisions have clarified the applicable legislation in this area Out of the 18 Member States that replied, 17 had no clear legislation in this area prior to the Directive Clarifying legislation : The legal impact of article 12-14, number of Member States Prior to the transposition, did a specific legislation concerning liability for intermediaries exist? Yes 1 No 17 Note: The table shows that 17 out 18 Member States did not have specific legislation in place in the area of liability for intermediary service providers. Source: Appendix B, question 11. 3

Important for ISP s but little quantitative data to support Several intermediary service providers suggested that this provision is the single most important one because it so clearly provides certainty in a crucial area where there was uncertainty before. A consultation held by the British Department of Trade and Industry (DTI) supports this view We may expect to see a rise in cross border trade of such services However, data on this does not exist E-contracts Article 9.1 in the Directive states that Member States shall assure that contracts concluded by electronic means carry the same weight as paper contracts Prior to transposition of the Directive, 12 out of 18 Member States legislation in this area was unclear 4

Providing legal certainty Legal situation for e-contracts prior to the Directive Prior to transposition of the Directive, did a contract concluded by electronic means have equivalent legal status as a paper contract? Yes, the electronic contract had the same legal status as an off-line contrac t 6 There existed no specific law stating the status of an electronic contract Note: The table shows that prior to the Directive 12 Member States did not have clear legislation about the legal status of an electronic contract 12 Also indirect impact Direct effect import >Firm interviews suggest that not being able to conclude contracts electronically prior to the Directive implied higher costs and more legal uncertainty Indirect effect may also be important >greatest source of higher costs was incorporating an offline procedure into business processes dominated by online procedures 5

Country of origin principle The country of origin principle of the Directive is a core principle of the Directive. Idea is to give the suppliers the possibility to provide their services all over Europe while only adhering to one set of rules instead of different rules in different Member States. >thereby stimulating cross-border on-line services The Directive has produced a lower level of legal heterogeneity between Member States. Reducing legal heterogeneity Level of barriers due to legal heterogeneity in areas covered by the Directive 0.60 0.50 0.40 0.30 0.20 0.10 0.00 AUT BEL CYP DK EST FIN DE GR HU IE LT LUX NED PT SLO ES SWE UK Heterogeneity before Directive Heterogeneity after Directive Note: The graph shows the extent of legal differences seen from the perspective of a firm established in each country. The maximum value of the index is one. If a country scores a value of one, it means that firms in that country will experience different legislation in all other countries. Source: Own calculations based on replies from expert group in appendix B. 6

Lack of data a real issue Difficult to conclude on current impact of country of origin Few statistics exists on cross border specific goods or services suitable for online trade. Most data is not able to distinguish online from offline cross border sales Must resort to more creative data see next graph Number of languages offered Number of languages offered by online firms, 2002 and 2007. 100% 75% 0.24 0.23 100% 75% 0.38 0.35 50% 25% 0.76 0.77 50% 25% 0.62 0.65 0% 2002 2007 0% 2002 2007 Just one language offered More than one languag e 2 langu ages 3 or more languages Note: Figure 3.4a (the one to the left) shows the share of web sites offering just one language, or two or more languages. Figure 3.4b shows that of the firms offering two or more languages, 65% offered two languages in 2007 while 35% offered three or more languages. Source: For 2002: "Realities of the European Online Marketplace"- A cross border e-commerce project by the European Consumer Centre's Network. Researchers visited a number of 262 websites to identify among other things, the number of languages they offered. In 2007, Copenhagen Economics repeated the exercise and revisited the same websites. 55 of which did not exist anymore. 7

Scope and economies of scale Data is a serious issue but time may also play a role Potential for country of origin principle stimulating cross border activities could be big: thanks to scope and economies of scale Scope: The Directive has the potential to affect the entire economy not just information society service providers in a narrow sense >In reality, any business making use of information society services (except gambling services) may benefit from the Directive. This suggests a great scope for the Directive, and hence a great potential economic impact. Economies of scale: Increasing cross border trade may increase productivity through economies of scale. >Economies of scale are most dominant in industries with high fixed costs and low marginal costs. IT-distribution systems conform to that >In a 2006 report on the expected future potential for providing cross border financial services, it was suggested that an important reason for financial institutions to engage in cross border business is benefits from economies of scale However still facing a strong preference for locally produced services Regional market area for online sales 80 % 60 40 20 0 Distribution Financial Within region Outside the reg ion, but w ith in the c ountry Note: The figures shows that firms sell m ore online in the region they are situated in than they do to the rest of the country. This implies that different legislation between countries is not the only important barrier to cross border trade. Source: BISER Business Enterprise in the Information Society-the Regional D imension, 2001. 8

Main points revisited What does the e-commerce directive do? >Proper functioning of the internal market for information society services through country of origin principle and harmonised provisions Limited liability >A success for ISP s E-contracts >Providing legal clarity Country of origin principle >Reduced legal heterogeneity >Hard to find quantitative evidence of increase in cross border activities >Serious lack of data >Theoretically the effects could be big due to scope and ec. of scale > but many consumers still prefer locally produced services 9