RD333 - ETNO Reflection Document on the future of electronic commerce in the internal market and the implementation of the e-Commerce Directive

ETNO welcomes this consultation on the future of electronic commerce in the internal market and the implementation of the Directive on Electronic Commerce. The current EU legal framework on e-commerce - in particular the provisions related to intermediaries’ liability - strike the right balance amongst the interests of the different stakeholders. The framework respectd fundamental principles and rights, in particular freedom of speech, freedom of access to the internet and the right of privacy.

However, some stakeholders, in particular right-holders, are arguing for an increased liability for electronic communications operators concerning the content of communications transported over their networks. Any modification in this direction of the current liability regime for intermediaries as provided for by the e-Commerce Directive would be contrary to the basic principles of freedom of speech and privacy and go against the principle of proportionality and non-discrimination amongst actors of the value chain.

ETNO acknowledges the limited takeoff of e-commerce and believes that the causes for this situation can be found in various factors, such as the lack of harmonised consumer protection rules, the insufficient availability of instruments for electronic payments, the lack of multi-territorial licenses for online content, insufficient consumer trust and knowledge, etc. Therefore, ETNO believes that the Commission should focus on the development of harmonised rules in the aforementioned fields and organise information campaigns addressed to users. The revision of the e-commerce directive, in particular the provisions related to intermediaries liability, is not the right instrument to remove the barriers to e-commerce and to encourage innovation and market development.

• ETNO welcomes the European Commission public consultation on the future of electronic commerce in the internal market and the implementation of the Directive on Electronic Commerce.
• Electronic commerce (e-commerce) is a fundamental driver of European growth and competitiveness.
• The current EU legal framework on e-commerce - in particular the provisions related to intermediaries’ liability - strike the right balance amongst the interests of the different stakeholders. The framework has allowed the development of online commercial activities respecting fundamental principles and rights recognised at EU level, in particular the fundamental principles of freedom of speech, the freedom of access to the internet and the right of privacy.
• However, some stakeholders, in particular right-holders, are arguing for an increased liability for electronic communications operators concerning the content of communications transported over their networks. Any modification in this direction of the current liability regime for intermediaries as provided for by the e-Commerce Directive would be contrary to the basic principles of freedom of speech and privacy. Moreover, the extension of intermediary’s liability would be inappropriate as it would go against the principle of proportionality and non-discrimination amongst actors of the value chain.
• ETNO believes that illegal file-sharing is an important concern for all stakeholders. At the same time, ETNO considers that the best way of reducing illegal downloading is by making legal offers that are affordable, within a sensible release window (i.e. not widely outside the expectations of end users) and easily accessible via different platforms. Developing efficient educational campaigns addressing end users is equally important. 
• ETNO acknowledges the limited takeoff of e-commerce and believes that the causes for this situation can be found in various factors, such as the lack of harmonised consumer protection rules, the insufficient availability of instruments for electronic payments, the lack of multi-territorial licenses for online content, insufficient consumer trust and knowledge, etc.
• Therefore, ETNO believes that the Commission should focus on the development of harmonised rules in the aforementioned fields and organise information campaigns addressed to users. The revision of the e-commerce directive, in particular the provisions related to intermediaries liability, is not the right instrument to remove the barriers to e-commerce and to encourage innovation and market development.