natgillin/translations-raw huggingface dataset:
The Union must actively and systematically seek to remove these obstacles and to strike the right balance between legal protection of consumers and business operators (with emphasis on the specific characteristics of small and medium-sized businesses).
The Union must actively and systematically seek to remove these obstacles and to strike the right balance between legal protection of consumers and business operators (with emphasis on the specific characteristics of small and medium-sized businesses).
This report, taking into account the forthcoming review of the acquis on consumer protection, e-commerce, contract law and the protection of intellectual property, is a timely political appeal by Parliament to the Commission and the Member States.
This report, taking into account the forthcoming review of the acquis on consumer protection, e-commerce, contract law and the protection of intellectual property, is a timely political appeal by Parliament to the Commission and the Member States.
Taking into account also the public hearing on consumer confidence in the digital environment held on 24 January 2007, Parliament considers that Europe is at crucial stage that will determine whether the EU will transform the internal market in the globalised and virtually border-free digital environment into a comparative advantage over other world competitors or whether the internal market and the (currently 27) isolated national markets in the digital environment will represent more of an obstacle for the EU to fully developing the information society and the Lisbon strategy.
Taking into account also the public hearing on consumer confidence in the digital environment held on 24 January 2007, Parliament considers that Europe is at crucial stage that will determine whether the EU will transform the internal market in the globalised and virtually border-free digital environment into a comparative advantage over other world competitors or whether the internal market and the (currently 27) isolated national markets in the digital environment will represent more of an obstacle for the EU to fully developing the information society and the Lisbon strategy.
The need for a report on consumer confidence in the digital environment is evidenced also by the figures provided by a range of statistics.
The need for a report on consumer confidence in the digital environment is evidenced also by the figures provided by a range of statistics.
According to a Eurobarometer survey, 33 % of consumers stated that businesses had refused to sell or to provide goods or services because the consumer was not resident in the same country.
According to a Eurobarometer survey, 33 % of consumers stated that businesses had refused to sell or to provide goods or services because the consumer was not resident in the same country.
Although 48 % of retailers from the EU would be prepared to engage in cross-border trade, only 29 % of companies actually sell cross-border to at least one other EU country; similarly, while 18 % of European retailers state that they would be prepared to engage in cross-border trade with 10 or more Member States, only 5 % of companies currently do so.
Although 48 % of retailers from the EU would be prepared to engage in cross-border trade, only 29 % of companies actually sell cross-border to at least one other EU country; similarly, while 18 % of European retailers state that they would be prepared to engage in cross-border trade with 10 or more Member States, only 5 % of companies currently do so.
According to the survey, 57 % of retailers in the EU sell over the internet.
According to the survey, 57 % of retailers in the EU sell over the internet.
The biggest obstacles to cross-border commerce were considered to be uncertainty over transactions (61 % of respondents), different accounting rules (58 %), the complicated nature of complaint and dispute resolution (57 %), divergent national consumer protection legislation (55 %), difficulty providing after-sales service (55 %), excessive costs arising from cross‑border deliveries (51 %) and translation costs (43 %).
The biggest obstacles to cross-border commerce were considered to be uncertainty over transactions (61 % of respondents), different accounting rules (58 %), the complicated nature of complaint and dispute resolution (57 %), divergent national consumer protection legislation (55 %), difficulty providing after-sales service (55 %), excessive costs arising from cross‑border deliveries (51 %) and translation costs (43 %).
Half of retailers believe that if uniform legislation on transactions with consumers existed throughout the EU, then their cross-border sales would increase.
Half of retailers believe that if uniform legislation on transactions with consumers existed throughout the EU, then their cross-border sales would increase.
Significantly, 62 % of retailers in the EU do not know where to obtain information on the consumer protection legislation in force in other Member States.
Significantly, 62 % of retailers in the EU do not know where to obtain information on the consumer protection legislation in force in other Member States.
The Eurobarometer survey also reveals that 6 % of consumers made purchases by internet from a supplier in another Member State.
The Eurobarometer survey also reveals that 6 % of consumers made purchases by internet from a supplier in another Member State.
One reason to this is that as many as 45 % of the consumers feel less confident in making purchases on the internet from businesses located abroad (in one Member State this figure amounted to 73 %).
One reason to this is that as many as 45 % of the consumers feel less confident in making purchases on the internet from businesses located abroad (in one Member State this figure amounted to 73 %).
In general terms, 56 % of consumers were of the opinion that, when purchasing goods and services from businesses in other Member States, businesses are less likely to respect consumer protection laws.
In general terms, 56 % of consumers were of the opinion that, when purchasing goods and services from businesses in other Member States, businesses are less likely to respect consumer protection laws.
71 % of consumers believed it is harder to resolve problems such as complaints, returns, price reductions, guarantees etc. when purchasing from businesses in other Member States.
71 % of consumers believed it is harder to resolve problems such as complaints, returns, price reductions, guarantees etc. when purchasing from businesses in other Member States.
65 % of consumers considered it to be more problematic returning a product bought by distance selling within the cooling-off period when purchasing from a supplier in a different Member State.
65 % of consumers considered it to be more problematic returning a product bought by distance selling within the cooling-off period when purchasing from a supplier in a different Member State.
Studies have shown that one reason for consumers being reluctant to make cross-border purchases is that consumers cannot be sure that the level of protection that they enjoy at home will apply when they buy cross‑border.
Studies have shown that one reason for consumers being reluctant to make cross-border purchases is that consumers cannot be sure that the level of protection that they enjoy at home will apply when they buy cross‑border.
Generally, it can be said that European consumer and business confidence in the digital environment is low and that, in some aspects of e-commerce, Europe is lagging behind the United States and Asia.
Generally, it can be said that European consumer and business confidence in the digital environment is low and that, in some aspects of e-commerce, Europe is lagging behind the United States and Asia.
However, this applies also to other forms of distance commerce (e.g. via mobile telephones).
However, this applies also to other forms of distance commerce (e.g. via mobile telephones).
The fragmentation of the electronic market within the EU in certain areas of the provision of goods, services or content jeopardises the common objectives of the internal market, damages consumer confidence and even threatens the rights and freedoms laid down in the acquis communautaire .
The fragmentation of the electronic market within the EU in certain areas of the provision of goods, services or content jeopardises the common objectives of the internal market, damages consumer confidence and even threatens the rights and freedoms laid down in the acquis communautaire .
In the light of the lack of confidence of European consumers in the digital environment and the many factors that limit cross-border e‑commerce, it is regrettable that the EU currently has no strategy of its own that would help resolve the situation.
In the light of the lack of confidence of European consumers in the digital environment and the many factors that limit cross-border e‑commerce, it is regrettable that the EU currently has no strategy of its own that would help resolve the situation.
Sadly, European consumers and business operators often do not enjoy above-standard certainty and protection for cross-border e-commerce within the EU, even compared with carrying out the same transaction with entities outside the EU.
Sadly, European consumers and business operators often do not enjoy above-standard certainty and protection for cross-border e-commerce within the EU, even compared with carrying out the same transaction with entities outside the EU.
While the contribution of EU legislation to the global development of legal regulation of e-commerce is to be valued, it must at the same time be acknowledged that current European legislation does not take sufficient account of the newest trends in the digital environment, and in certain areas it is even more of a hindrance; e.g. one single electronic transaction is usually subject to several legal provisions setting divergent requirements, meaning that neither business operators nor consumers have clear and easily enforceable rules.
While the contribution of EU legislation to the global development of legal regulation of e-commerce is to be valued, it must at the same time be acknowledged that current European legislation does not take sufficient account of the newest trends in the digital environment, and in certain areas it is even more of a hindrance; e.g. one single electronic transaction is usually subject to several legal provisions setting divergent requirements, meaning that neither business operators nor consumers have clear and easily enforceable rules.
The rapporteur believes that an important step towards improving consumer confidence in the digital environment is to adopt a strategy containing in particular the following conditions:
The rapporteur believes that an important step towards improving consumer confidence in the digital environment is to adopt a strategy containing in particular the following conditions:
- the creation of an attractive business environment for cross-border e-commerce,
- the creation of an attractive business environment for cross-border e-commerce,
- the creation of European standards enhancing e-commerce culture,
- the creation of European standards enhancing e-commerce culture,
- clarification of the rights and obligations of consumers and businesses in the digital environment,
- clarification of the rights and obligations of consumers and businesses in the digital environment,
- halting the fragmentation of the internal market in the digital environment,
- halting the fragmentation of the internal market in the digital environment,
- strengthening, and improving the enforceability of, the legal protection of consumers in the digital environment.
- strengthening, and improving the enforceability of, the legal protection of consumers in the digital environment.
In direct connection with this, the rapporteur considers it appropriate to continue the activities already drawn up, and the Commission should therefore relaunch, and modernise in the way set out above, the e-confidence initiative proposed in the form of a Commission staff document.
In direct connection with this, the rapporteur considers it appropriate to continue the activities already drawn up, and the Commission should therefore relaunch, and modernise in the way set out above, the e-confidence initiative proposed in the form of a Commission staff document.
In line with its resolutions referred to above, the European Parliament maintains that the current definition of ‘consumer’ is too narrow, given the growing needs of the information society, which puts small businesses (of one person) in the same position as consumers in cross‑border trade but without comparable protection (guarantee periods, right of withdrawal etc.).
In line with its resolutions referred to above, the European Parliament maintains that the current definition of ‘consumer’ is too narrow, given the growing needs of the information society, which puts small businesses (of one person) in the same position as consumers in cross‑border trade but without comparable protection (guarantee periods, right of withdrawal etc.).
The digital environment transcends national and continental borders, and it is therefore also crucial to improve the level of protection afforded to European consumers when making electronic purchases in third countries.
The digital environment transcends national and continental borders, and it is therefore also crucial to improve the level of protection afforded to European consumers when making electronic purchases in third countries.
Therefore, the rapporteur is of the opinion that it is necessary to agree on the conclusion of consumer protection cooperation agreements with countries outside the EU (particularly those within the OECD and countries geographically close to Europe).
Therefore, the rapporteur is of the opinion that it is necessary to agree on the conclusion of consumer protection cooperation agreements with countries outside the EU (particularly those within the OECD and countries geographically close to Europe).
This call to work on a new and considerably broader e-confidence initiative with a view to increasing consumer confidence in the digital environment provides the opportunity to include a range of measures (particularly non-legislative measures, such as financing targeted educational and information campaigns involving consumer organisations), as well as greater coordination of individual activities by the Commission and the Member States (e.g. increasing the powers of European Consumer Centres to increase their effectiveness in the digital environment and creating pan-European expert forums for the exchange of best national practice).
This call to work on a new and considerably broader e-confidence initiative with a view to increasing consumer confidence in the digital environment provides the opportunity to include a range of measures (particularly non-legislative measures, such as financing targeted educational and information campaigns involving consumer organisations), as well as greater coordination of individual activities by the Commission and the Member States (e.g. increasing the powers of European Consumer Centres to increase their effectiveness in the digital environment and creating pan-European expert forums for the exchange of best national practice).
However, the emphasis must be placed on ensuring that interested parties (industry representatives, consumer organisations, and suchlike) are consulted on future measures in this dynamic area and that such measures are supported also by ‘soft law’ measures (e.g. self‑regulatory codices and the proposal of standards by the Commission for a greater e‑commerce culture within the EU).
However, the emphasis must be placed on ensuring that interested parties (industry representatives, consumer organisations, and suchlike) are consulted on future measures in this dynamic area and that such measures are supported also by ‘soft law’ measures (e.g. self‑regulatory codices and the proposal of standards by the Commission for a greater e‑commerce culture within the EU).
As studies and statistics show that fraudulent activities on the internet (e.g. ‘phishing’) are currently the greatest threat (greater than unsolicited commercial messages – ‘spam’), a European early-warning system (including database) should be set up to combat fraudulent activities in the digital environment.
As studies and statistics show that fraudulent activities on the internet (e.g. ‘phishing’) are currently the greatest threat (greater than unsolicited commercial messages – ‘spam’), a European early-warning system (including database) should be set up to combat fraudulent activities in the digital environment.
Greater consumer confidence in the digital environment can also be achieved by prompt and proper resolution of claims, complaints and disputes, which can best be achieved by online alternative dispute resolution systems.
Greater consumer confidence in the digital environment can also be achieved by prompt and proper resolution of claims, complaints and disputes, which can best be achieved by online alternative dispute resolution systems.
The Commission should also ensure that the new e-confidence initiative is not limited only to consumer protection but that it also sets out a coordinated approach for the whole issue of the digital environment (including analyses of non-market factors).
The Commission should also ensure that the new e-confidence initiative is not limited only to consumer protection but that it also sets out a coordinated approach for the whole issue of the digital environment (including analyses of non-market factors).
As most consumers and business operators are not legal and technical experts, the Commission should support the creation of standardised e-commerce contracts, which would guarantee a fair approach for both parties.
As most consumers and business operators are not legal and technical experts, the Commission should support the creation of standardised e-commerce contracts, which would guarantee a fair approach for both parties.
As there is no specialised trustmark for cross-border electronic transactions, the rapporteur recommends the introduction of a European trustmark system (which would, of course, require the fulfilment of a range of conditions, including costs being borne only in the event of the dispute (i.e. the European trustmark would be obtained and operated free of charge)).
As there is no specialised trustmark for cross-border electronic transactions, the rapporteur recommends the introduction of a European trustmark system (which would, of course, require the fulfilment of a range of conditions, including costs being borne only in the event of the dispute (i.e. the European trustmark would be obtained and operated free of charge)).
The objective of the European trustmark, among other measures, is to reach the critical mass of satisfied customers required for cross-border e-commerce to work.
The objective of the European trustmark, among other measures, is to reach the critical mass of satisfied customers required for cross-border e-commerce to work.
Another important tool for increasing consumer confidence in the digital environment will, in the view of the rapporteur, be provided by the creation of a European charter of users’ rights in the information society that would clarify not only the current rights and obligations of information society actors, including consumers, but would also put forward new European rights and obligations (e.g. users’ rights relating to digital content, i.e. clarification of users’ rights when using intellectual property, users’ rights guaranteeing basic interoperability standards, and the rights of particularly vulnerable users, i.e. improving accessibility of internet pages for handicapped persons).
Another important tool for increasing consumer confidence in the digital environment will, in the view of the rapporteur, be provided by the creation of a European charter of users’ rights in the information society that would clarify not only the current rights and obligations of information society actors, including consumers, but would also put forward new European rights and obligations (e.g. users’ rights relating to digital content, i.e. clarification of users’ rights when using intellectual property, users’ rights guaranteeing basic interoperability standards, and the rights of particularly vulnerable users, i.e. improving accessibility of internet pages for handicapped persons).
The rapporteur warns of the increasing fragmentation of the internal market in the digital environment (i.e. the refusal of access to goods, services and content provided in a cross‑border context), which significantly affects consumers particularly from new and small Member States solely on the basis of their nationality, place of residence and whether they own a payment card issued in a certain Member State.
The rapporteur warns of the increasing fragmentation of the internal market in the digital environment (i.e. the refusal of access to goods, services and content provided in a cross‑border context), which significantly affects consumers particularly from new and small Member States solely on the basis of their nationality, place of residence and whether they own a payment card issued in a certain Member State.
It is the rapporteur’s view that such conduct needs to be confronted effectively.
It is the rapporteur’s view that such conduct needs to be confronted effectively.
A clearer and more transparent acquis communautaire in the area of consumer protection in the digital environment, particularly if it is oriented towards horizontal legal measures and a revision of consumer contract law, can contribute towards higher consumer confidence.
A clearer and more transparent acquis communautaire in the area of consumer protection in the digital environment, particularly if it is oriented towards horizontal legal measures and a revision of consumer contract law, can contribute towards higher consumer confidence.