We are aware of differing opinions on this which serves to underline the necessity for adequate discussion on this aspect. Moreover it is not easy to follow the reasoning of the Commission in excluding non-commercial communications from the scope of the proposals. The proposed directive raises a question about the status of unsolicited commercial communications and whether they would be caught by the legislation or not. Other European legislation bearing on electronic commerce appears to outlaw unsolicited communications. This points to the clear need for consistency of approach in defining the relevant legal framework.
Electronic contracts are a crucial and presently uncertain element of electronic commerce.
The British Retail Consortium is concerned that the proposed directive appears to concentrate on contracts between service providers and service recipients, rather than the manner in which electronic contracts are concluded generally. The draft directive includes a proposal for a self regulatory code of conduct which the British Retail Consortium supports in principle, but has concern over the proposition that these codes be monitored by the relevant trade associations. Certainly the British Retail Consortium is not structured or resourced to carry out such a task. In particular the directive should spell out more clearly the relationship between this proposal and the existing or proposed body of European consumer protection legislation, for example the distance selling directive, which will impinge on retailing, and the principle of derogation where such legislation exists. The draft proposals cross link to a very wide range of other directives and proposed directives which in itself creates scope for confusion to businesses and consumers alike.