COMMISSION COMMUNICATION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS A coherent framework for building trust in the digital single market for e-commerce and online services
Date: 2012-01-11
Institutions: European Commission
Subjects: Internet, commercial arbitration, consumer protection, digital technology, electronic commerce, single market, trade promotion, trade regulations

EUROPEAN COMMISSION 

Brussels, 6.2.2012  
COM(2011) 942 final/2 

Corrigendum :  
Annule et remplace le COM(2011) 942 final adopté le 11.01.2012. 
Concerne uniquement la page de couverture de la version FR + EN 

COMMISSION COMMUNICATION TO THE EUROPEAN PARLIAMENT, THE 
COUNCIL, THE ECONOMIC AND SOCIAL COMMITTEE AND THE 
COMMITTEE OF THE REGIONS 

A coherent framework for building trust in the digital single market for e-commerce 
and online services 

{SEC(2011) 1640 final} 
{SEC(2011) 1641 final} 

EN 

   EN 

 
 
 
 
  
 
INTRODUCTION 

The Internet has revolutionised the everyday lives of Europeans in a way comparable 
to  the  industrial  revolutions  of  the  previous  centuries.  Electronic  commerce  and 
online services in the broader sense1 are now at the heart of the lives of consumers, 
businesses  (from  the  largest  to  the  smallest)  and  citizens  in  general.  The  way  they 
compare, purchase and sell goods and services, the way they search for information 
or make it available, the way they manage their payments or their data, the way they 
learn and train, the way they interact, exchange and share is not the same as it was 
five, let alone ten or twenty, years ago.  

Traditional economic activities, and the administrative rules governing them, face the 
challenge  of  adapting  to  developments  that  blur  the  dividing  lines,  for  example, 
between  shop  and  online  sales  or  between  traditional  media  and  Internet 
communication. Convergence of this type can lead to virtuous circles of competition 
and  innovation  which  benefit  everyone.  It  may  also  require  the  review  of  certain 
rules  whose  relevance  or  effectiveness  may  be  undermined  by  technological 
developments, or call for new accompanying policies.  

A genuine Digital Single Market would generate new types of growth. The hitherto 
unrealised  potential  is  enormous  and  would  benefit  all  the  territories  and  economic 
sectors  of  the  European  Union.  In  the  G8  countries,  South  Korea  and  Sweden,  the 
internet  economy2  has  brought  about  21%  of  the  growth  in  GDP  in  the  last  five 
years3. It also generates 2.6 jobs for every job cut and at times accounts for 25% of 
net employment creation4. Online services are by nature cross-border and can speed 
up European integration and the creation of the Single Market which has been sought 
for more than 50 years.  

Nevertheless, the share of the internet economy in European GDP remains small. It 
was no more than 3% in 2010. Although the growth rate of e-commerce5 at national 
level  is  high,  this  new  vector  remains  marginal  at  only  3.4%6  of  European  retail 

1 The term “online services” refers to services provided at a distance, electronically, at the request of the person 
who is the recipient of the services, in return for payment. It therefore covers not only e-commerce in goods 
(including cultural goods and pharmaceutical products) and services (including online gambling) but also social 
networks, vocational training by distance learning, etc. However, online services provided by public 
administrative bodies are not included in this analysis. For the sake of simplicity, the term “online services” will 
be used unless e-commerce is being referred to explicitly.   
2 All activities linked to the creation and use of internet access networks as well as the services offered on the 
internet (IP telecommunications, manufacture and maintenance of IT material intended for the Web, Internet-
based service activities , and all activities using the internet as a medium, from e-commerce to online 
advertising). 
3 “Internet matters, the net’s sweeping impact on growth, jobs, and prosperity”, McKinsey Global Institute, May 
2011, which looks at these countries and at Brazil, China and India.  
4 This has applied to France since 2000. “The impact of the Internet on the French Economy”, McKinsey. March 
2011 
5 Sales and purchases made via internet sites or electronic systems, excluding the sending of orders which have 
been typed manually (Eurostat and OECD definition). 
6 Euromonitor 

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trade. It is less advanced than in the United States or Asia-Pacific and tends not to go 
beyond national borders; cross-border activity remains low7. 

“Internet  Europe”  is  still  a  patchwork  of  different  laws,  rules,  standards  and 
practices,  often  with  little  or  no  interoperability.  This  hinders  the  development  of 
online services and undermines the confidence of existing or future users on both the 
supply  and  the  demand  side.  Lack  of  knowledge  of  the  rights  conferred,  the 
applicable rules and the opportunities that the digital economy offers reinforces their 
reluctance.  The  practical  difficulties  related  to  cross-border  transactions  (payments, 
deliveries,  dispute  resolution,  risk  of  abuse)  discourage  people  from  taking  full 
advantage of the internet to purchase or supply their goods and services. 

The  Digital  Single  Market  is  far  from  achieving  its  full  potential;  the  cost  of  the 
failure to complete it is expected to be at least 4.1% of GDP between now and 2020, 
i.e.  EUR  500  billion  or  EUR  1000  per  citizen8.  The  European  Union  cannot  just 
resign  itself  to  bearing  the  costs  of  a  fragmented  digital  market  after  having  set 
ambitious objectives for renewed, sustainable, smart and inclusive growth by 20209. 
Instead it must set objectives that match the growth potential of online commerce and 
services, which could reach 15 to 20% of GDP growth by 2015 in the Netherlands 
and  the  United  Kingdom,  for  example10.  Setting  the  objective  of  doubling  online 
sales and the share of the internet economy in European Union GDP by 2015 bears 
witness to its determination to make the most of the digital economy.  

Boosting  online  commerce  and  services  at  European  level  requires  firm  and 
concerted  action  in  line  with  the  Digital  Agenda  for  Europe11.  The  Commission  is 
committed  to  working  with  all  the  stakeholders  in  order  to  achieve  this  objective. 
Many  of  the  initiatives  announced  in  the  digital  strategy  have  already  been  or  are 
about  to  be  adopted12.  This  Communication  also  follows  on  from  that  of  200913
, 
whose analyses are still valid. It constitutes a new contribution to the implementation 
of the digital agenda, since it establishes an action plan for the development of online 
services and, through the Annual Growth Survey14, offers a response to the request 
from the European Council to submit a roadmap to achieve an internal digital market 
by 2015. 

7 5th Consumer Scoreboard, Internal Market, European Commission, March 2011, 
http://ec.europa.eu/consumers/consumer_research/editions/cms6_en.htm  
8 Copenhagen Economics, The Economic Impact of a European Digital Single Market, March 2010 
9 Communication from the Commission "Europe 2020: A strategy for smart, sustainable and inclusive growth", 
COM(2010) 2020 final. 
10 “Turning local: from Madrid to Moscow, the Internet is going native”, Boston Consulting Group, September 
2011 
11 Commission Communication ‘A Digital Agenda for Europe’ COM(2010) 245 
12 For example, the proposals for a regulation on a European common sales law, a directive on alternative dispute 
resolution or the revision of the directive on the re-use of public sector information. See the Annual Progress 
Report of 22 December 2011. http://ec.europa.eu/information_society/digital-
agenda/documents/dae_annual_report_2011.pdf. 
13 COM(2009) 557 final. 
14 COM(2011) 815 final. 

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BUILDING TRUST IN THE DIGITAL SINGLE MARKET 

Expected benefits 

innovative  online  services  based  on 

High-performance  and 
the  high-speed 
communication networks they need have a unique capacity to stimulate growth and 
employment in Europe. No other technological, economic or social change currently 
offers the same level of potential in terms of increased efficiency, access to a wide 
range of choices, accessibility, practicality and innovation. Online services and high-
speed  communication  networks  can  also  contribute  to  greater  productivity  and 
innovation in education and lifelong learning and provide better ways to meet major 
societal  challenges  such  as  social  and  territorial  cohesion  or  adapting  to  an  ageing 
population and climate change. 

Reaching  this  potential  will  require  increased  trust  in  the  Digital  Single  Market 
which will benefit all of society: 

-  More  e-commerce  will  generate  tangible  benefits  for  consumers  such  as  lower 
prices,  more  choice  and  better  quality  of  goods  and  services,  thanks  to  cross-
border  trade  and  easier  comparison  of  offers15.  The  overall  gain  for  consumers 
would  be  around  EUR  204  billion  (1.7%  of  European  GDP)  if  e-commerce 
reached  15%  of  retail  sales  and  if  the  obstacles  to  the  Single  Market  were 
removed16.  Vulnerable  people  (the  elderly,  those  with  reduced  mobility,  those 
isolated in rural areas, those with low purchasing power) will particularly benefit 
and  Europe  will  thus  be  better  placed  to  meet  the  demographic  challenges  of 
today. 

-  Businesses,  in  particular  SMEs  and  micro-companies,  will  have  more 
opportunities.  They will have access to new markets beyond national and even 
European  borders.  More  intensive  use  of  online  services  and  access  to  cloud 
computing  will  improve  the  productivity  of  companies.  A  lot  more  businesses 
will  be  starting  up  and  existing  companies  will  flourish  by  finding  new  market 
niches  thanks  to  the  “long  tail”  effect17.  A  high-performance  digital  European 
market  will  make  Europe  better  able  to  compete  with  the  rest  of  the  world  by 
giving  it  a  competitive  edge  which  is  based  on  knowledge,  a  highly  qualified 
workforce and innovative economic and social models.  

-  More generally, citizens will be able to go online, including to carry out cross-
border  activities,  in  a  secure,  responsible  and  trustworthy  environment.  In 
Europe,  the  internet  will  provide  a  more  efficient,  more  secure  and  more 
responsible framework for activities, allowing everyone to exercise their rights. It 
will  reflect  European  values  and  respect  the  fundamental  rights  set  out  in  the 
Charter  of  Fundamental  Rights  of  the  European  Union,  such  as  the  freedom  of 

15 It is estimated that consumers who shop online on the domestic market have twice as much choice as those 
who do not shop online at all. If they shop online throughout the European Union they have 16 times more 
choice. 
16 Commission Staff Working Paper, "Bringing e-commerce benefits to consumers", Annex 2 to this 
Communication. 
17 The total sales of products for which demand is low or whose sales volume is low can equal or exceed the 
market shares of best-selling products if sellers can offer a wider choice. 

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expression  and  information,  the  right  to  privacy,  personal  data  protection  and 
non-discrimination. Cultural and social exchanges will be facilitated. 

-  Workers  will  also  benefit  from  the  Digital  Single  Market.  Online  services  will 
create high-quality jobs, whether as employees or on a self-employed basis, even 
in rural or isolated areas. They will offer a wider range of work arrangements (for 
example  teleworking),  facilitate  job-hunting  even  outside  the  country,  and 
encourage private initiative.  

-  Lastly,  the  development  of  e-commerce  will  benefit  the  environment.  Growth 
generated in this way will be greener and more sustainable; home delivery as part 
of  optimised  logistics  uses  less  energy  than  multiple  individual  trips  by 
consumers18.  More  energy  savings  will  be  made  in  the  actual  manufacturing  of 
goods which can now be downloaded as digital content19. 

A strategy for reaching this objective by 2015 

This Communication identifies five main obstacles to the Digital Single Market and 
proposes an action plan to remove them:  

- 

- 

- 

- 

- 

the supply of legal, cross-border online services is still inadequate; 

there  is  not  enough  information  for  online  service  operators  or  protection  for 
internet users;  

payment and delivery systems are still inadequate;  

there are too many cases of abuse and disputes that are difficult to settle; 

insufficient  use  is  made  of  high-speed  communication  networks  and  hi-tech 
solutions. 

These  five  obstacles  and  the  solutions  proposed  in  the  action  plan  are  not  an 
exhaustive  list.  The  plan  places  emphasis  on  strengthening  a  single  harmonised 
framework  for  e-commerce  and  other  commercial  online  services.  It  opens  a  new 
chapter on this subject in the digital approach for Europe, continuing the logic, of the 
Single  Market  Act20,  and  is  part  of  a  wider  commitment  from  the  European  Union 
aimed at boosting the economy and the information society, ranging from promoting 
online administration and digital literacy to standardisation and online security21.  

The  conclusions  of  this  Communication  are  drawn  from  many  consultations,  from 
studies  and  reports such as  those  from the European Parliament, and from a public 
consultation.  It  is  accompanied  by  two  staff  working  documents.  The  first,  entitled 
“Online  services,  including  e-commerce,  in  the  Single  Market”,  analyses  the 

18 L’impact environnemental de l’achat sur internet [The environmental impact of online buying], Estia and 
Médiamétrie//NetRatings for FEVAD [Federation for e-commerce and distance selling], June 2009. 
19 Weber, Koomey, Matthews: "The energy and climate change impact of different music delivery methods", 
final report to Microsoft Corporation and Intel Corporation. 
20 Commission Communication “Single Market Act - Twelve levers to boost growth and strengthen confidence; 
Working together to create new growth”, COM(2011) 206 final. 
21 The Commission will ensure that any action taken in the context of this Communication is in line with the 
Charter of Fundamental Rights of the European Union. 

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obstacles  to  developing  e-commerce  in  conjunction  with  the  assessment  of  the 
Directive  on  Electronic  Commerce22.  The  second,  entitled  “bringing  e-commerce 
benefits  to  consumers”,  presents  a  detailed  analysis  of  the  obstacles  that  are  more 
specific to e-commerce in goods. 

– 

FIVE PRIORITIES  

Develop the legal and cross-border offer of online products and services 

In order to benefit fully from a Single Market for online services, consumers in all 
Member  States  must  have  legal  access  to  a  wide  range  of  products  and  services, 
offered over the largest possible geographical area. 

The  Directive  on  Electronic  Commerce  removed  a  series  of  obstacles  to  cross-
border  online  services.  It  is  crucial  to  legal  certainty  and  confidence  for  both 
consumers and businesses. Its internal market clause, which states that the Member 
States  may  not  restrict  the  freedom  to  provide  information-society  services  from 
another  Member  State,  is  the  cornerstone  of  the  Digital  Single  Market.  The 
consultations and analyses carried out indicate that a revision of the Directive is not 
required at this stage. It is, however, necessary to improve the implementation of the 
Directive  (in  particular  through  better  administrative  cooperation  with  the  Member 
States  and  an  in-depth  evaluation  of  the  implementation  of  the  Directive),  provide 
clarification, for example concerning the liability of intermediary internet providers, 
and take the additional measures needed to achieve the Directive's full potential, as 
identified in the current action plan. Recourse to the IMI system23, already in place 
for other European legislative instruments, could facilitate administrative cooperation 
between Member States when it comes to enforcing the e-commerce Directive. 

Furthermore,  a  number  of  obstacles  are  still  impeding  the  development  of  online 
services and access to them for as many people as possible:  

Businesses are reluctant to commit to these innovative activities in view of the costs 
and  risks  arising  from  fragmentation  caused  by  the  coexistence  of  27  national 
legal systems, particularly as regards consumer law. Extra effort at European level is 
needed  to  free  up  initiative  without  creating  new  barriers.  The  recently  proposed 
regulation  on  a  Common  European  Sales  Law,  to  be  applied  on  a  voluntary  basis 
subject to the express agreement of the parties to a cross-border contract, will reduce 
the cross-border transaction costs for businesses. This Common European Sales Law 
will coexist with national legislation. On the other hand, in the interests of customers, 
unjustified discrimination based on nationality or the place of residence at the 
time  of  purchase  must  be  stopped.  The  Commission  will  to  that  end  present 

22 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects 
of information society services, in particular electronic commerce. OJ L 178/1, 17.7.2000. Its purpose is to 
encourage the development of these services, in particular by applying the provisions regarding the country of 
origin, the obligations to inform the consumer, regulation of commercial communications online and the 
provisions on electronic contracts and liability of intermediary internet service providers.  
23  This  is  a  multilingual  secure  online  application  which  facilitates  communication  between  competent 
authorities in the European Economic Area.  

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guidelines  on  the  implementation  of  Article  20  of  the  Services  Directive,  which 
explicitly prohibits such discrimination24. 

Heightened  competition  between  goods  and  services  must  also  be  encouraged. 
SMEs  have  expressed  concerns  over  cases  where  selective  distribution  has  been 
wrongly applied to products. The Commission will ensure that the rules on selective 
distribution25 are rigorously applied. As part of a future initiative on unfair business-
to-business  commercial  practices,  the  Commission  will  also  examine  the  problems 
caused  by  stakeholders  in  traditional  trade  who  misuse  their  bargaining  power  in  a 
bid  to  obstruct  the  activity  of  new  online  operators.  Lastly,  it  will  make  sure  that 
businesses do not abuse their dominant position in the digital environment and that 
net  neutrality  is  preserved.  Special  emphasis  will  be  laid  on  allowing  end  users  to 
access  and  disseminate  information  and  to  use  applications  and  services  of  their 
choice26.  

In  the  field  of  digital  content,  legal  offers  evolve  at  different  rates  in  the  Member 
States  and  do  not  always  meet  consumers'  expectations.  In  the  case  of  music,  for 
example,  the  residents  of  some  Member  States  benefit  from  a  much  wider  choice 
than  those  in  other  EU  countries.  Overall,  the  online  consumption  of  music  has 
developed  faster  in  the  US  than  in  Europe27,  where  transnational  or  pan-European 
offers  remain  limited.  The  same  can  be  said  of  the  audiovisual  sector,  since  the 
distribution networks for audiovisual content and broadcasting rights are still limited 
in some Member States and are often national in scope. It should be possible for the 
collective management of copyright to become more European in structure, thereby 
facilitating the issue of licences covering a number of regions. European citizens who 
have moved temporarily or permanently to another Member State should be able to 
continue  to  watch  their  favourite  programmes.  Ambitious  implementation  of  the 
European Strategy for Intellectual Property Rights28 will foster the development of a 
richer and more appropriate offer on a European scale. In 2012, the Commission will 
submit  proposals  to  create  a  legal  framework  for  the  collective  management  of 
copyright, with a view to enabling multi-territory and pan-European licensing. 

Other  new  offers  made  possible  by  technological  developments,  such  as  digital 
books,  which  have  overtaken  paperbacks  in  the  US,  are  still  in  their  infancy  in 
Europe.  The  applicable  rate  of  VAT  on  digital  publications,  for  example,  can 
adversely affect the supply trend, since it is much higher than the rate for equivalent 
physical  products,  and  this  is  reflected  in  the  consumer  sales  price.  In  the 
Communication  on  the  future  of  VAT  adopted  on  6 December  201129,  the 
Commission indicates that one of the basic principles to be respected is that similar 
goods  and  services  should  be  subject  to  the  same  VAT  rate  and  that  progress  in 

24 Directive 2006/123/EC of the Parliament and of the Council of 12 December 2006 on services in the internal 
market, OJ L 376, 27.12.2006. 
25 Commission Regulation (EU) No 330/2010 of 20 April 2010 on the application of Article 101(3) of the Treaty 
on the Functioning of the European Union to categories of vertical agreements and concerted practices [Official 
Journal L 102/1 of 23 April 2010].   
26 COM(2011) 222 final. 
27 Digital music sales represent 19% of total music sales in Europe, compared to 50% in the US and 25% in 
Japan (IFPI Recording Industry in Numbers, 2011). 
28 Communication from the Commission "A Single Market for Intellectual Property Rights - Boosting creativity 
and innovation to provide economic growth, high quality jobs and first class products and services in Europe", 
COM(2011) 287 final. 
29 COM(2011) 851 final. 

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technology  should  be  taken  into  account  in  this  respect,  so  that  the  challenge  of 
convergence  between  the  online  and  the  physical  environment  is  addressed.  The 
Commission  will  table  proposals  along  these  lines  by  the  end  of  2013.  It  will  also 
engage  in  more  general  discussions  with  Member  States  and  stakeholders  on  the 
trend  towards  digital  books  in  the  Single  Market  and  on  obstacles  to  such 
development. 

The complexity of the VAT system can also dissuade businesses from selling online 
in  another  Member  State30.  Overall,  simplifying  the  administrative  burden  on 
businesses  under  the  current  VAT  system,  and  in  particular  setting  up  one-stop 
shops,  would  encourage  and  facilitate  cross-border  e-commerce.  The  Commission 
states  in  the  above-mentioned  Communication  that  one  of  its  top  priorities  is  the 
harmonious  introduction  of  a  mini  one-stop  shop  in  2015  for  suppliers  of 
telecommunications, broadcasting television and electronic services provided to final 
consumers  and  that  it  is  relying  on  the  Member  States  to  make  the  necessary 
resources available. It also plans to broaden the scope of the one-stop shop to include 
other goods and services after 2015. The smooth functioning of the internal market 
also depends on the reconciliation of private copying levies with the principle of the 
free  movement  of  goods,  i.e.  allowing  free  cross-border  trade  in  goods  subject  to 
private copying levies. 

Social, economic, geographical, meteorological or tourist information provided by 
the  public  sector  is  used  increasingly  to  develop  innovative  online  commercial 
applications.  However,  differences  in  national  legislation  still  exist,  for  example 
regarding  the  price  or  conditions  for  using  such  information.    The  Commission 
recently adopted a proposal for the review of the current legal framework in order to 
stimulate the use of public information for applications in the digital environment. 

The Commission will:  

MAIN ACTIONS 

1.  ensure  that  the  Electronic  Commerce  Directive  and  the  Directives  protecting 
online  consumers  are  correctly  applied  by  improved  administrative  cooperation 
with the Member States, in particular through the extension of the Internal Market 
Information  System  (IMI),  the  Consumer  Protection  Cooperation  network  (CPC) 
and  an  in-depth  evaluation  study  of  the  transposition  and  implementation  of  the 
Directive (2012); 

2.  ensure  that  the  European  strategy  for  intellectual  property  rights  is  implemented 
rapidly and ambitiously, in particular by means of a legislative initiative on private 
copying  (2013)  and  the  review  of  the  Directive  on  copyright  in  the  information 
society  (2012).  The  Commission  will  also  report  on  the  outcome  of  the 
consultation  on  the  online  distribution  of  audiovisual  works  and  on  the 
implications of the "Premier League" ruling31; 

30 For example, for services, businesses must be aware of the national thresholds beyond which they must 
register in the Member State of sale, and then face the resulting administrative burden. 
31 Judgment of 4 October 2001, Joined Cases C-403/08 and C-429/08. The Court ruled that the import, sale and 
cross-border use of subscriptions to satellite television services cannot be prohibited pursuant to the principle of 
the free movement of services. 

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3.  ensure  that  the  rules  on  selective  distribution  are  applied  rigorously  and  fight 
unfair business practices. In parallel to this, ensure that access for citizens to online 
services is not undermined by anti-competitive practices. 

Improve operator information and consumer protection 

Both  providers  and  users  of  online  services  must  be  able  to  access  or  receive 
sufficiently  complete  and  reliable  information  on  their  activities.  In  particular, 
consumers  must  have  their  rights  protected  and  be  assured  that  their  personal  data 
will be used appropriately. 

Operators  do  not  have  enough  knowledge  of,  and  information  on,  the  rules 
governing  e-commerce,  nor  are  consumers  sufficiently  informed  of  their  rights, 
particularly  in  a  cross-border  context32.  Many  businesses  think  that  it  is  too 
complicated or too risky to sell online or expand their field of activity to cross-border 
sales.  The  Commission  will  encourage  a  more  active  policy  by  using  existing 
networks, in particular the Enterprise Europe Network, to supply online dealers with 
information  on  their  obligations  in  the  context  of  cross-border  sales  and  on  the 
opportunities offered by sale in EU countries. This action for traders will be taken in 
tandem with the publication of a guide on the rights of European consumers online. 
At  the  same  time,  the  Commission  will  develop  an  interactive  online  platform  for 
consumer education, including content on new digital technologies.  

Half  of  all  Europeans  using  the  internet  do  so  to  search  for  information,  e.g.  to 
compare price, quality, environmental or energy performance etc., before buying on 
or  off  line33.  It  is  therefore  important  that  comparison  sites  satisfy  criteria  on 
reliability,  independence  and  transparency.  At  present,  such  criteria  are  not  always 
met.  Furthermore,  such  sites  should  offer  citizens  a  wider  choice  through 
multilingual, cross-border information, thereby stimulating domestic competition and 
helping  to  build  the  Single  Market.  Confidence  logos  are  another  way  to  improve 
consumer information.  

that 

European  citizens  regularly  complain 
they  have  no  direct  means  of 
communicating  quickly  and  efficiently  with  an  online  service  provider  such  as  an 
airline company. As confirmed by a "mystery client34" study, you need only browse 
the internet for a short while to see that compliance with transparency and consumer 
information requirements is insufficient in relation to the placing of orders35. Since 
2007, the Consumer Protection Cooperation (CPC) network has been an effective 
instrument  for  guaranteeing  that  online  traders  apply  the  European  rules  on 
transparency  and  unfair  commercial  practices.  Tools  have  been  developed,  such  as 
"sweep" tests, which have made it possible to reduce illegal practices in the sale of 
airline  tickets,  ringtones  for  mobile  telephones,  electronic  products,  etc.  The 
Commission  will  continue  to  offer  its  assistance  in  boosting  the  capacities  of  the 

32 For example, only 29% of traders know where to look for information or advice on the consumer protection 
legislation in force in other European countries. 72% of distance sellers do not know the exact length of the 
withdrawal period for distance sales in their own country. Source: Flash Eurobarometer 300, retailers' attitudes 
towards cross-border trade and consumer protection, 2011.  
33 Consumer market study on the functioning of e-commerce and internet market and selling techniques in the 
retail of goods, CIVIC consulting, 2011.  
34 Cross-border   online shopping: how safe and easy is it? ECC-Net, October 2011. 
35 For example, explicit acceptance of the general sales conditions, order confirmation both on screen and by e-
mail, etc. 

8

 
 
                                                 
CPC  network  (for  example,  by  encouraging  skills  development  for  the  researchers 
working on it, training and the exchange of good practices). 

The  recently  adopted  Directive  on  Consumer  Rights36  is  now  the  main  consumer 
protection instrument for online services. It will have to be implemented quickly and 
efficiently.  In  2012  the  European  Commission  will  present  a  European  Consumer 
Agenda based on an integrated approach and with the impact of the digital revolution 
on consumer behaviour as one of its cornerstones37. One of the key objectives of this 
Strategy  will  be  to  strengthen  consumer  confidence  in  purchasing  products  and 
services, both on and off line. In particular, it will focus on the digital content sector 
in order to improve consumer protection in relation to such purchases. 

Furthermore,  citizens  need  guarantees  that  their  personal  data  will  not  be  used 
without  their  consent,  and  operators  must  be  able  to  develop  innovative  economic 
models.  The  development  of  new  online  services  such  as  behavioural  advertising 
generates  fears  about  the  use  and  standard  of  protection  of  personal  data.  People 
affected  by  any  processing  of 
their  personal  data  must  be  given  clear, 
comprehensible  information  in  accordance  with  the  Directive  on  data  protection38. 
Revising the data protection acquis will allow a good balance to be achieved between 
encouraging innovation and setting a high level of user protection.  

In  2012,  the  European  Commission  will  also  propose  legislation  on  the  mutual 
recognition  of  electronic  identification  and  authentication  and  on  electronic 
signatures,  which  play  a  vital  role  in  facilitating  electronic  transactions  and  in 
strengthening citizens' trust in them.  

Online  gambling  and  betting  also  present  considerable  challenges39.  The  rapid 
internet  uptake  and  the  increased  provision  of  such  services  make  it  difficult  for 
diverging national regimes to coexist. What is more, the market for illegal gambling 
is still burgeoning40. Compliance with national rules is a real challenge which raises 
the  question  of  possible  action  at  European  level  to  guarantee  adequate  protection 
and  ensure  more  effective  measures  against  fraud.  Today,  no  Member  State  can 
successfully  combat  illegal  online  gambling  alone.  However,  cooperation  between 
national regulators is still in its infancy. The Commission will propose an action plan 
in  2012  aimed  among  other  things  at  strengthening  cooperation  and  effectively 
protecting consumers and citizens. 

36 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights 
OJ L 304, 22.11.2011. 
37 European Consumer Agenda, action 17, Annex to the Communication from the Commission to the European 
Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. 
Commission Work Programme for 2012. COM(2011) 777 final/2. 
38 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of 
individuals with regard to the processing of personal data and on the free movement of such data. OJ L 281, 
2311.1995. 
39 Green Paper on on-line gambling in the Internal Market, COM(2011) 128 final. 
40 Out of almost 15 000 gambling sites operating in Europe a few years ago, more than 85% did not have a 
licence. Source:  Cybercriminalité dans le jeu en ligne (Cybercrime in online gambling), White Paper by CERT-
LEXSI, (IT security survey laboratory), 
July 2006. 

9

 
 
                                                 
Online purchases of medicinal products give rise to a certain number of problems 
in relation to consumer protection. A Directive on falsified medicines41 has recently 
been adopted and will contribute to the safety of legal online offers, in particular by 
introducing  a  European  confidence  logo  for  legal  sites  in  the  context  of  the  more 
general  reflections  on  confidence  logos  for  online  shops  announced  in  the  digital 
agenda.  

With a view to guaranteeing sufficient protection for patients throughout the EU, any 
specific  risks  linked  to  the  online  sale  of  medicinal  products  should  continue  to  be 
analysed  in  the  context  and  against  the  background  of  the  implementation  of  the 
Directive  by  the  Member  States.  Furthermore,  the  report  to  be  submitted  by  the 
Commission  to  the  European  Parliament  and  to  the  Council  on  the  Directive's 
contribution to preventing the entry into the legal supply chain of falsified medicinal 
products will include information on developments in the falsification  of  medicinal 
products as regards the categories of medicinal products concerned and channels of 
distribution, including online sales. 

Furthermore, the illegal offer of medicinal products can constitute a criminal activity 
for  which  the  Medicrime  Convention42  of  the  Council  of  Europe  provides  an 
international framework for legal action. The Council conclusions of June 201143 call 
on the Member States to strengthen law enforcement cooperation in the fight against 
falsified medicinal products, and set out plans to detect websites showing potentially 
illegal offers of medicinal products.  

The Commission will:  

MAIN ACTIONS 

4.  improve  training  for  online  traders  in  their  obligations  and  the  opportunities 
offered by the Digital Single Market, in particular through the Enterprise Europe 
Network  with  the  assistance  of  the  European  Consumer  Centres  Network  (ECC-
Net)  as  regards  issues  relating  to  consumers,  and  through  the  publication  of  a 
special guide (2012); 

5.  through  dialogue  with  the  stakeholders,  develop  codes  of  good  conduct,  good 
practice guides and guidelines giving consumers access to transparent and reliable 
information and allowing easier comparison of the prices, quality and durability of 
goods and services (2013-2014); 

6.  boost  the  capacity  of  the  CPC  network,  equipping  it  with  instruments  able  to 
ensure  that  the  relevant  legislation  is  implemented  in  a  digital  environment  at 
European  level,  in  particular  by  financing  joint  projects  aimed  at  encouraging 
skills  development  for  network  researchers,  training  and  the  exchange  of  good 
practices (2012-2014); 

41 Directive 2011/62/EU of 8 June 2011 amending Directive 2001/83/EC on the Community code relating to 
medicinal products for human use, as regards the prevention of the entry into the legal supply chain of falsified 
medicinal products. OJ L 174 of 1.7.2011. 
42 Convention of 28 October 2011 on the counterfeiting of medical products and similar crimes involving  threats 
to public health.  
43 JHA Council of 9 and 10 June 2011. 

10

 
 
                                                 
7.  adopt a “European Consumer Agenda” putting forward a strategy and initiatives to 
place  consumers  at  the  heart  of  the  Single  Market,  including  digital  issues,  in 
particular by improving consumers' capacity for action and appropriate protection 
of their rights (2012); 

8.  present  a  European  action  plan  for  online  gambling  which  will  focus  on 
administrative  cooperation,  consumer  protection  and  the  development  of  a  legal 
market (2012); 

9.  through  the  implementation  of  the  Directive  on  falsified  medicinal  products, 
ensure  adequate  protection  for  patients  purchasing  medicinal  products  online  by: 
(i) contributing to the creation of confidence logos which identify sites providing 
the  public  with  legal  offers  of  medicinal  products  through  distance  sales  (2013-
2014)  and,  primarily  by  means  of  a  report  the  Commission  will  submit  to  the 
European Parliament and the Council, (ii) monitoring developments in the problem 
of  the  falsification  of  medicinal  products  through  distribution  channels,  and 
(iii) examining any specific risks linked to the online sale of medicinal products.  

Reliable and efficient payment and delivery systems  

Unlike traditional trade, which involves face-to-face payment, e-commerce is largely 
based on distance electronic payments. Online consumers must therefore be able to 
choose between various methods of guaranteeing fast, secure payment at competitive 
prices.  Too  often,  however,  a  lack  of  confidence  and  a  limited  choice  of  payment 
method prevent or discourage consumers from paying online and therefore from fully 
benefiting from e-commerce44. 

Almost 35% of internet users do not buy online because they have doubts concerning 
security  of  payment45.  Debit  cards  are  not  widely  enough  accepted  for  online 
payments,  and  not  all  European  citizens  have  credit  cards.  Additional  charges, 
sometimes  high,  may  also  put  consumers  off.  Furthermore,  businesses  consider  the 
cost  of  payment  to  be  excessive,  in  particular  for  micro-payments,  which  are 
expected  to  undergo  rapid  development  (press,  music,  online  films,  etc).  This 
situation  is  caused  by  a  number  of  obstacles  and  inadequacies  which  block  the 
development  of  the  online  payment  market  in  Europe,  especially  in  cross-border 
trade46. These include, but are not limited to, high market fragmentation, barriers to 
market entry, insufficient standardisation, interoperability problems between service 
providers,  inadequate  payment  security  and  personal  data  protection,  a  pricing 
system  which  is  not  free  and  insufficient  transparency  for  certain  payment 
instruments.  

All these issues need to be resolved in the interests of better market integration. The 
Single Euro Payments Area (SEPA), with its Europe-wide transfers and debits, is the 
foundation on which to develop new pan-European payment services respecting the 

44 The above-mentioned digital strategy for Europe identifies a secure payment system, confidence, respect for 
the right to privacy and insufficient access as the main concerns for consumers wishing to make online 
purchases.  
45 Eurostat Household Survey 2009. 
46 Internet payments are often made by debit or credit card, electronic payment solutions or telephone (m-
payments).  

11

 
 
                                                 
right  to  data  protection47  and  confidential  communications.  Consumers  and  traders 
would  benefit  directly  from  a  more  integrated  single  space  encompassing  payment 
cards, internet payments and mobile payments. Even though the market is moving in 
this direction, the pace of progress is generally too slow and is not felt throughout the 
European Union.  

As  regards  the  delivery  of  online  purchases,  consumers  must  trust  that  they  will 
receive  their  order  easily  and  at  a  reasonable  cost,  without  excessive  delay  and  in 
satisfactory condition.  

Yet 10% of people currently do not buy online48 because they are concerned about 
the  cost  of  delivery  services,  in  particular  cross-border  delivery,  and  about  service 
quality. The quality of a package delivery service cannot be measured with delivery 
time  as  the  only  indicator.  Security  is  an  important  parameter  which  must  also  be 
taken  into  account.  The  choice  between  various  options  for  the  consumer  must  be 
developed, and the best European practices, such as home delivery at specific times, 
collection in a partner shop or in automated systems with long opening hours, etc., 
must be disseminated and used in the various Member States. From the viewpoint of 
both  customers  and  businesses,  the  issue  of  liability  for  damaged,  stolen  or  lost 
packages  should  be  clarified.  Care  must  also  be  taken  to  ensure  that  the  delivery 
services are also efficient and affordable in rural or remote areas and in the outermost 
regions of the EU, so that e-commerce lessens rather than accentuates inequalities in 
terms of territorial cohesion. 

The Commission will: 

MAIN ACTIONS 

10. develop a strategy for the integration of the markets for payments by card, internet 
or mobile phone, on the basis of a Green Paper adopted at the same time as this 
Communication with the aim of (i) assessing the barriers to entry and competition 
on  these  markets  and  proposing  legislative  action  where  necessary,  (ii)  making 
sure  that  these  payment  services  are  transparent  for  consumers  and  sellers,  (iii) 
improving and accelerating the standardisation and interoperability of payments by 
card,  internet  or  mobile  phone,  and  (iv)  increasing  the  level  of  security  of 
payments and data protection. The Commission will present the conclusions of this 
exercise and the next stages by mid-2012; 

11. based  on  a  Green  Paper,  initiate  a  consultation  in  2012  on  the  delivery  of 
packages,  in  particular  cross-border,  drawing  on  the  results  of  the  study  on  the 
costs of cross-border postal services, with a view to identifying possible solutions 
to the problems encountered by businesses and consumers. The Commission will 
present the conclusions of this exercise and the next steps by the end of 2012. 

Combating abuse and resolving disputes more effectively 

Online  services  must  continue  to  offer  European  consumers  this  exceptional 
opportunity  to  communicate  and  conduct  economic  activities  more  easily,  in 

47 Principle of privacy by design.  
48 Eurostat Household Survey 2009. 

12

 
 
                                                 
accordance  with  the  law.  Social  networks  and  platforms  for  online  sales  or  video-
sharing now play a key role in European society and business. They allow citizens to 
be  more  active,  give  their  opinions  on  goods  or  services,  gain  information  and 
express themselves. But the legal boundaries are sometimes overstepped: worse, this 
occurs in sensitive fields such as child pornography, violence in general, incitement 
to racial hatred, libel, terrorism or illegal online gambling and the criminal practices 
which  may  be  associated  with  it.  Infringements  of  intellectual  property  are  also  a 
source of concern.  

Despite the guarantees offered by the Directive on electronic commerce to businesses 
which  host  or  passively  transmit  illegal  content,  intermediary  internet  service 
providers  struggle  with  the  legal  uncertainty  linked  to  fragmentation  within  the 
European Union of the applicable rules and practices which are possible, required or 
expected  of  them  when  they  are  aware  of  illegal  content  on  their  websites.  Such 
fragmentation discourages those who wish to conduct business online, and hinders its 
development.  

Furthermore, the internet is used as a means of disseminating products and services 
which  are  counterfeit  or  pirated  or  violate  intellectual  property  rights.  Intellectual 
property rights must be defended in knowledge-based economies, and the European 
Union is fighting actively against counterfeiting and piracy.  

In  general  it  is  still  too  rare  for  illegal  activities  to  be  effectively  stopped  and  for 
illegal content to be removed or removed promptly enough. For instance, citizens are 
annoyed that it sometimes takes too long even to remove obviously criminal content 
such  as  child  pornography,  the  presence  of  which  on  the  internet  is  a  very  serious 
matter.  This  undermines  the  confidence  of  citizens  and  businesses  in  the  internet, 
which  in  turn  affects  online  services  such  as  sales  platforms.  In  parallel  to  this, 
citizens sometimes complain about the lack of transparency or about initiatives that 
are incorrect (such as the taking down of legal content) or disproportionate or which 
disregard the right of certain online service providers to be heard. 

The  mechanisms  to  stop  abuse  and  illegal  information  must  therefore  be  made 
the 
more  efficient,  within  a  framework  which  guarantees 
proportionality of the rules governing businesses and respect for fundamental rights. 
In  the  Annex,  the  European  Commission  describes  in  detail  the  differing 
interpretations which are at the root of the above-mentioned problems. In view of the 
growing  volume  of  statutory  and  case-law  in  the  Member  States,  it  now  appears 
necessary  to  set  up  a  horizontal  European  framework  for  notice  and  action 
procedures49.  

legal  certainty, 

49 The notice and action procedures are those followed by the intermediary internet providers for the purpose of 
combating  illegal  content  upon  receipt  of  notification.  The  intermediary  may,  for  example,  take  down  illegal 
content, block it, or request that it be voluntarily taken down by the persons who posted it online. This initiative 
should  encourage  rather  than  undermine  more  detailed  initiatives  in  certain  fields.  For  instance,  the  European 
Protocol  signed  in  May  2011  between  major  rights-holders  and    internet  platforms  on  the  online  sale  of 
counterfeit  products  requires,  in  addition  to  a  notification  and  take-down  procedure,  action  against  repeat 
infringements as well as proactive and preventive measures.  
Cf http://ec.europa.eu/internal_market/iprenforcement/docs/memorandum_04052011_en.pdf  

13

 
 
                                                 
In  parallel  to  this,  the  Commission  will  revise  the  Directive  on  the  enforcement  of 
intellectual  property  rights50  in  2012  in  order  to  combat  illegal  content  more 
effectively  and  in  a  manner  which  upholds  the  internal  market  and  fundamental 
rights  by  improving  the  framework  for  civil  law  proceedings.  The  creation  of  the 
European  notice  and  action  framework  will  be  without  prejudice  to  this  initiative. 
Cooperation between stakeholders, in particular internet providers, rights-holders and 
payment services, in the European Union and the US, may also help to combat illegal 
content. 

Moreover,  unfair  commercial  practices,  in  particular  the  use  of  questionable  or 
prohibited commercial communications, need to be tackled.  

In addition, if a problem arises in relation to an online purchase, consumers must be 
able to find a rapid, easy solution. Uncertainties about what to do in the event of a 
problem  remain  a  fundamental  obstacle  to  consumer  trust  in  online  services.  Law 
courts  do  not  yet  offer  a  satisfactory  solution  for  the  settlement  of  disputes  arising 
from  online  commercial  transactions,  since  the  traditional  legal  dispute-settlement 
mechanisms are too lengthy and expensive51. It is therefore necessary to strengthen 
the  effectiveness  of  law  enforcement  in  general  and,  in  particular,  facilitate  the 
settlement of online disputes. Alternative dispute-settlement systems52 are a faster 
and  less  onerous  means  of  ensuring  the  optimal  development  of  online  services. 
However,  they  are  not  yet  readily  available  online,  are  either  little  known  or 
unknown, and do not cover all sectors. In order to remedy this situation, and pursuant 
to  the  Single  Market  Act,  the  Commission  has  proposed  a  Directive  on  alternative 
dispute  resolution  for  consumer  disputes  and  a  Regulation  on  online  out-of-court 
dispute resolution for consumer disputes53. The European Parliament and the Council 
will  be  encouraged  to  adopt  these  proposals  without  delay54.  Furthermore,  the 
Commission will soon adopt a legislative initiative on the settlement of business-to-
business disputes55. 

Lastly, strengthening security is essential to confidence in the Digital Single Market. 
In  a  digital  world  that  is  interconnected  and  interdependent,  cyber  attacks  and 
technical  failures  can  very  quickly  affect  infrastructure  and  have  a  considerable 
impact  on  the  European  economy  and  society  and  on  citizens  themselves.  An 
effective  and  targeted  EU-wide  policy  must  therefore  be  put  into  practice.  The 
Commission will therefore submit a European Strategy for Internet Security in 2012. 
Its main objectives will be to ensure that the internet security mechanisms in place 
are able to cope effectively with cyber attacks and technical failures; to regularly test 

50 Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of 
intellectual property rights. OJ L 195, 2.6.2004. 
51 This is despite the existence of a European Small Claims Procedure, cf. Regulation (EC) No 861/2007 of the 
European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure, OJ L 
199/1 of 31.7.2007. 
52 Known as Alternative dispute resolution (ADR)/On line dispute resolution (ODR). 
53 Proposal for a Directive of the European Parliament and of the Council on alternative dispute resolution for 
consumer  disputes  and  amending  Regulation  (EC)  No  2006/2004  and  Directive  2009/22/EC  (Directive  on 
consumer ADR) COM(2011) 793 and Proposal for a Regulation of the European Parliament and of the Council  
on online dispute resolution for consumer disputes (Regulation on consumer ODR), COM(2011) 794.  
54  The  ADR-ODR  proposals  are  part  of  the  12  key  actions  identified  by  the  Single  Market  Act,  which  the 
European  Parliament  and  the  Council  have  already  agreed  to  fast  track  (2012  Annual  Growth  Survey,  COM 
(2011) 815 final). 
55 Proposal on the online settlement of business-to-business disputes planned for 2012.  

14

 
 
                                                 
their  ability  to  react;  to  exchange  information;  to  plan  operating  procedures  in 
advance; and to ensure that mechanisms for notifying the competent authorities are 
put in place. 

The Commission will: 

MAIN ACTIONS 

12. adopt a horizontal initiative on notice and action procedures (2012)56; 

13. in 2012, propose an overall strategy on internet security in Europe aimed at better 
protection  against  cyber  attacks  in  the  EU.  The  establishment  of  the  European 
Cybercrime Centre by 2013 will play a particularly important role in this. 

Deploy high-speed networks and advanced technological solutions  

The  deployment  of  high-speed  communication  networks  is  a  sine  qua  non  for  the 
development  of  online  services.  However,  compared  with  its  competitors,  the  EU, 
which  set  itself  ambitious  objectives  in  the  digital  agenda57,  is  lagging  behind  in 
terms of investment in the new generation telecommunications infrastructure which 
it urgently needs. 

The  Member  States  must  place  investments  in  high  speed  internet  at  the  core  of 
their growth strategy58, in particular by putting into practice the operational plans in 
this  field,  rapidly  transposing  into  national  law  the  revised  European  regulatory 
framework  for  electronic  communications,  adapting  town  planning  law  to  limit 
deployment  costs,  using  the  regional  policy  funds  available  or  the  instruments 
envisaged  in  the  Connecting  Europe  Facility  proposed  by  the  Commission  (for 
example  debenture  loans)59. The Commission will encourage  the  Member States to 
promote the digital economy and society, and to ensure the integration of the rural, 
remote and outermost areas in electronic communication networks.  

Furthermore, the emergence of new means of online consumption, such as the use of 
mobile  internet  (e.g.  smartphones  and  tablets)  calls  for  increased  radio  spectrum 
availability. European growth ambitions must be translated into appropriate action. 
In  particular,  following  on  from  the  recently  concluded  policy  agreement,  the  draft 
Decision of the European Parliament and of the Council establishing the first radio 
spectrum  policy  programme60  must  be  implemented  soon  after  its  adoption  by  the 
European  legislator.  Indeed,  it  is  particularly  important  to  guarantee  citizens  and 
businesses  better  wireless  broadband  connections  through  the  more  efficient  use  of 
the spectrum, and particularly through spectrum-sharing.  

In addition to infrastructure challenges, the European Union must meet those created 
by  advanced  technologies.  Cloud  computing  offers  particularly  high  potential  in 

56 A prior impact assessment will determine the type of initiative.  
57 Access to connection speeds of over 30 Mbps for all Europeans and at least 50% of households with a 
connection speed of over 100Mbps in 2020.  
58 As for all the initiatives mentioned in this Communication, without prejudice to the rules on State aid. 
59 Proposal for a Regulation of the European Parliament and of the Council establishing the Connecting Europe 
Facility of 19 October 2011 COM(2011) 665 final. 
60 COM/2010/0471 final. 

15

 
 
                                                 
terms of jobs, productivity (above all for SMEs), and savings for all sectors. In 2012, 
the  Commission  will  adopt  a  global  European  strategy  on  cloud  computing  which 
will  cover  the  legal,  technical  and  standardisation  dimensions,  and  will  include 
measures to encourage research and innovation. 

The Commission will: 

MAIN ACTIONS 

14. strengthen  and  facilitate  the  development  of  information  and  communication 
structures  in  2012  by  (i)  in  the  context  of  the  Connecting  Europe  Facility, 
preparing guidelines for the preparation of broadband infrastructure projects; (ii) in 
the  context  of  the  European  Cohesion  Fund,  drafting  guidelines  for  smart 
specialisation  strategies  which  must  be  implemented  in  order  to  benefit  from 
regional  funding,  (iii)  in  the  context  of  the  regulatory  framework  on  electronic 
communications,  adopting  a  recommendation  on  access-pricing  schemes  in  the 
wholesale  market  in  order  to  stimulate  investment  in  fibre  deployment,  and 
adopting a review of the 2009 guidelines on State aid for high-speed networks61, 
and (iv) adopting a guide on techniques to reduce construction costs with the aim 
of reducing them by half; 

15. adopt an overall strategy on cloud computing in order to stimulate that sector and 

provide the legal certainty which economic operators need (2012); 

16. adopt  a  Communication  on  spectrum-sharing  including  a  strategy  for  the 
promotion  of  shared  access  to  the  spectrum  in  the  Single  Market  and  allowing  a 
structured  political  debate  on  the  economic,  technical  and  regulatory  issues 
surrounding the various methods of spectrum-sharing (2012). 

– 

CONCLUSION 

The  development  of e-commerce and online services in recent decades has been to 
the  great  advantage  of  European  citizens  and  consumers.  They  have  exceptional 
economic and social potential which is still far from being achieved.  

A  solid  European  strategy  must  accompany  and  accelerate  the  completion  of  the 
digital  society  and  economy,  thereby  meeting  citizens'  expectations  and  generating 
new growth, with the aim of doubling the shares of the internet economy in European 
GDP  and  of  online  sales  in  European  retail  by  2015.  In  addition  to  monitoring  the 
measures  proposed  here  to  achieve  these  goals,  care  must  be  taken  to  ensure  the 
consistency  and  convergence  of  initiatives.  In  particular,  there  must  be  careful 
reflection  prior  to  any  new  proposal  in  order  to  ensure  that  new  measures  taken  at 
European level do not create further obstacles to the development of online services.  

In view of the global dimension of e-commerce and of online services, action within 
the European Union must go hand in hand with more active participation in the work 
of existing international bodies and sufficient coordination, to ensure that European 

61 Community Guidelines for the application State aid rule in relation to rapid deployment of broadband 
networks. OJ C 235, 30.9.2009. 

16

 
 
                                                 
businesses operating outside the European Union and businesses from third countries 
established in the EU will not face difficulties caused by legislative fragmentation.  

The European Commission will follow developments in online services closely and 
will report on the progress achieved with the implementation of this action plan by 
publishing  annual  reports  and  reports  on  the  implementation  of  the  Directive  on 
electronic commerce, and in coordination with the monitoring of the Single Market 
Act and the Digital Agenda for Europe. It will organise a stakeholder conference in 
2013. On the occasion of the mid-term review of the digital agenda, the Commission 
will  also  assess  the  progress  achieved  on  the  actions  set  out  in  this  strategy  and, 
where appropriate, will consider new actions to further stimulate the digital society 
and the digital economy. 

17