The common position comprises trading and marketing on the Internet and in similar communication systems. This common position shall thus apply to e.g. the use of World Wide Web, to the transmission of e-mails and to the use of news groups, etc. This common position comprise marketing which from an overall point of view is directed at the Nordic market. The marketing laws of the Nordic countries apply in accordance with case law when the marketing is directed at the market in question. The provisions applying to trading and marketing in the physical world, including existing legislation governing contracts, purchases, distance selling, marketing, electronic data processing, etc shall also apply to trading and marketing on the Internet.
Provisions governing international choice of law also apply to the Internet.
Pursuant to the Rome Convention, a mandatory civil regulation cannot be derogated from if this is detrimental to the consumer, when a contract is concluded on the basis of marketing directed at the consumer. Internet suppliers have to allow for the fact that in certain situations they may also be held liable for unlawful marketing material deriving from their purchasers. Among other remedies, the consumer ombudsmen have the possibility of issuing different types of prohibitions. If occasion should arise, such prohibitions may also be issued to the Internet suppliers. Identification Marketing material should be elaborated and presented in such a way that it is obvious to the consumer that it is marketing.