Council Resolution of 19 January 1999 on the Consumer Dimension of the Information Society
Date: 1999-01-19
Institutions: Council of the European Union
Subjects: approximation of laws, consumer protection, distance selling, information technology, new technology

28.1.1999

EN

Official  Journal  of  the  European  Communities

C  23/1

I

(Information)

COUNCIL

COUNCIL  RESOLUTION

of  19  January  1999

on  the  Consumer  Dimension  of  the  Information  Society

(1999/C  23/01)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

(4)(cid:217)Whereas  consumers  are  particularly  concerned  by

Having  regard  to  the  Council  conclusions  of  19  May
1998(cid:216)(˛),

regard 

Having 
the
Commission  concerning  priorities  for  consumer  policy
1996  to  1998,

the  Communication 

from 

to 

Having  regard  to  the  OECD  Ministerial  Declaration  on
Consumer  Protection 
the  context  of  Electronic
Commerce(cid:216)(ˇ),

in 

for 

(1)(cid:217)Whereas  the  continuing  development  of  new  tech(cid:220)
storage  of
nologies 
information 
organisational,
commercial,  technical  and  legal  innovations  that  are
having  a  profound  impact  on  society  in  general;

transmission  and 
leading 

the 
is 

to 

(2)(cid:217)Whereas  the  new  communications  technologies  will
have  a  substantial  impact  on  the  daily  lives  of  all
citizens  whether  they  take  an  active,  or  a  passive,
approach  to  these  developments;

(3)(cid:217)Whereas  the  new  information  and  communications
technologies  and  the  associated  development  of  the
information  society  offer  many  potential  advantages
to  consumers  but  also  create  new  commercial
situations  which  are  unfamiliar  to  them  and  where
their  interests  may  be  put  at  risk;

(˛)(cid:217)Conclusions  adopted  by  the  Telecommunications  Council  on
19  May  1998  and  endorsed  by  the  Ecofin  Council  on  5  June
1998.

(ˇ)(cid:217)Made  by  OECD  Ministers  on  8  October  1998  at  the  Ottawa
Ministerial  Conference  on  a  "Borderless  world:  realising  the
potential  of  global  electronic  commerce’.

the  issues  related  to:

(a) accessibility  and  affordability;

(b) consumer 

friendliness  of 

and
applications  and  the  skills  necessary  to  use
them;

equipment 

(c) transparency  including  the  quantity  and  quality

of  information;

(d) fair  marketing  practices,  offers  and  contract

terms;

(e) protection  of 

children 

against  unsuitable

content;

(f)

security  of  payment  systems, 
tronic  signature;

including  elec(cid:220)

(g) which  legal  rules  are  applicable  to  consumer
transactions  in  the  new  environment  as  regards
both  the  choice  of  law  and  practicability  of
existing  provisions;

(h)(cid:217)the 

apportionment 

of 

responsibility 

and

liability;

(i) privacy  and  the  protection  of  personal  data;

(j) access 

to  efficient  systems  of  redress  and

dispute  resolution;

(k)(cid:217)information 

technology 

as 

a 

tool 

for

information  and  education;

(5)(cid:217)Whereas  the  establishment  of  consumer  confidence
and 
consumer
a  prerequisite 
acceptance  of,  and  participation  in,  the  information
society;

trust 

are 

for 

trust 

(6)(cid:217)Whereas  a  necessary  condition  for  establishing  such
confidence  and 
the  provision  of  an
is 
equivalent  level  of  protection  regarding  the  new
technologies  as  is  available  in  traditional  consumer
transactions  by  the  application  of  existing  principles
the  new  products  and
of  consumer  policy 

to 

C  23/2

EN

Official  Journal  of  the  European  Communities

28.1.1999

services  available 
especially:

in 

the 

information 

society,

(a) transparency  and  the  right  to  receive  sufficient
and  reliable 
information  before  and,  where
appropriate,  after  the  transaction  including,  in
identity  of  the
particular,  the  authenticated 
information
supplier  and 
necessary  to  prove  the  authenticity  of  each
element  of  a  transaction;

the  provision  of 

(b) non(cid:220)discrimination 

in  the  access  to  products
and  services  and  consideration  of  the  needs  of
vulnerable  consumers;

(c) the  protection  of  consumers  from  unsolicited,
misleading  and  unfair  marketing  practices,
including  advertising,  and  the  support  for  the
provision  of  reliable  means 
the
consumer  to  filter  the  content  in  communi(cid:220)
cation  systems;

to  enable 

(d) the  protection  of  a  consumer’s  economic
interests  taking  account  of  a  fair  distribution  of
risk  and  liability  that  reflects  in  particular  the
responsibility  of  the  supplier  in  choosing  elec(cid:220)
in
including, 
tronic  means  of 
the
the  conditions  necessary  for 
particular, 
consumer  to  take  well(cid:220)considered  decisions;

trading  and 

(e) the  protection  of  a  consumer’s  health,  safety
and  privacy,  including  protection  against  the
misuse  of  personal  information;

(f)

information  and  education  of  consumers  to
enable  them  to  develop  the  appropriate  skills;

(g) consultation  of  consumers  when  developing

new  policies  or  regulatory  mechanisms;

(8)(cid:217)Whereas  existing  relevant  Community 

legislation
and  national  implementing  laws  are  applicable  to
consumer  transactions  in  the  new  environment  of
the  information  society;

(9)(cid:217)Whereas  in  particular  Directive  97/7/EC  of  the
European  Parliament  and  of  the  Council  of  20  May
1997  on  the  protection  of  consumers  in  respect  of
distance  contracts(cid:216)(˛)  already  provides,  inter  alia,
for  protection  in  the  area  of  electronic  commerce;

should,  within 

information 
the 

(10)(cid:217)Whereas,  in  the  case  of  transborder  transactions
technology,
effected  by  means  of 
consumers 
framework  of
Community  law  and  of  the  Brussels  and  Rome
Conventions,  be  able  to  benefit  from  the  protection
afforded  by  the 
legislation  of  their  country  of
habitual  residence  and  to  have  easy  access  to
their
redress  procedures, 
the
country  of  habitual  residence;  noting 
Commission  has  proposed  a  Directive  concerning
financial
the  distance  marketing  of  consumer 
is  giving
indicated 
services,  and  has 
consideration 
for
to  other  possible 
harmonising  legislation  in  this  area;

in  particular  within 

initiatives 

that 

that 

it 

(11)(cid:217)Whereas  Community  policy  in  this  domain  should
take  due  account  of  the  multi  lingual  and  multi(cid:220)
cultural  nature  of  the  Community;

(12)(cid:217)Whereas  there  is  an  important  role  for  consumer
organisations  and  appropriate  public  bodies  to  play
in  the  protection  of  consumer  interests  in  the  new
the  provision  of
environment  as  well  as 
in  particular
information  services  and  content, 
through  coordinated  action;  whereas  companies
can  also  play  an 
in
particular,  codes  of  conduct;

important  role 

through, 

in 

(h)(cid:217)representation 

interests 
relevant  monitoring  and  supervisory  bodies;

consumers 

of 

in

(13)(cid:217)Whereas  the  Community  should  play  an  active  role
at  international  level  to  ensure  that  its  accepted
standards  of  consumer  protection  are  secured  when
developing  the  global  information  society,

I. INVITES  THE  COMMISSION:

(7)(cid:217)Whereas  the  Council  is  of  the  opinion  that,  at  the
level  of  the  European  Community,  the  principal
means  of  ensuring  that  the  interests  of  consumers
are  fully  taken  into  account  in  the  information
consumer
society  must  be 
dimension  and,  in  particular,  the  above  mentioned
principles  of  consumer  policy, 
into  all  relevant
Community  policy  initiatives;

integrate 

the 

to 

1.(cid:217)to  examine  existing  Community  consumer(cid:220)related
legislation  in  the  new  circumstances  arising  from
identify  possible
the 

information 

society, 

to 

(˛)(cid:217)OJ  L  144,  4.6.1997,  p.  19.

28.1.1999

EN

Official  Journal  of  the  European  Communities

C  23/3

in  this 

loopholes 
legislation  concerning  specific
problems  in  the  context  of  the  information  society
and  to  identify  possible  areas  where  additional
regulatory  action  may  be  necessary;

2.(cid:217)to  take  all  necessary  steps  to  ensure  that  consumer
interests  are  given  full  consideration  in  any  current
and 
the
future  policy  proposals  concerning 
information  society  presented  by  the  Commission;

3.(cid:217)to  take  all  possible  steps 

in  conformity  with
Community  law  and  with  the  Community’s  inter(cid:220)
national  obligations  to  ensure  that  consumers  can
rely  on  the  relevant  rights  already  provided  by  the
Brussels  and  Rome  Conventions,  inter  alia,  those
concerning  the  applicability  of  the  legislation  of
the  country  of  residence  and  concerning  easy
access  to  national  jurisdiction,  and,  where  appro(cid:220)
priate,  to  strengthen  those  rights;

4.(cid:217)to  encourage  consumer  organisations  to  develop
the  use  of  the  new  technologies  as  a  means  of
extending  their  services  to  consumers,  and  to

examine  the  possibilities  of  developing  common
action  in  this  domain;

5.(cid:217)to  submit  a  report  to  the  European  Parliament  and
the  Council  on  the  actions  taken  to  meet  the
above  objectives,  accompanied, 
if  necessary,  by
proposals  for  relevant  action.

II. HEREBY  AGREES:

1.(cid:217)to  prepare  common  or  coordinated  positions  of
Member  States  with  regard  to  discussions  and
negotiations  on  information(cid:220)society  issues  taking
place  within 
in
particular  the  development  of  OECD  guidelines
on  consumer  protection  in  the  context  of  elec(cid:220)
tronic  commerce,  drawing  on  the  guidelines  set
out  in  this  Resolution;

international 

forums, 

and 

2.(cid:217)to  reexamine  on  a  regular  basis  the  development
of  the  role  of  the  consumers  and  of  the  risks  and
information
them 
opportunities 
society.

facing 

the 

in