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Directive No. 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, in the Internal Market (Directive on electronic commerce)

Directive No. 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, in the Internal Market (Directive on electronic commerce)


17.7.2000 EN Official Journal of the European Communities L 178/1

I

(Acts whose publication is obligatory)

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, in the

Internal Market (Directive on electronic commerce)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE (3) Community law and the characteristics of the Community EUROPEAN UNION, legal order are a vital asset to enable European citizens and operators to take full advantage, without consideration of

Having regard to the Treaty establishing the European Com­
munity, and in particular Articles 47(2), 55 and 95 thereof,
borders, of the opportunities afforded by electronic commerce; this Directive therefore has the purpose of
ensuring a high level of Community legal integration in
order to establish a real area without internal borders for
Having regard to the proposal from the Commission (1), information society services.
Having regard to the opinion of the Economic and Social
Committee (2),
Acting in accordance with the procedure laid down in (4) It is important to ensure that electronic commerce could
Article 251 of the Treaty (3), fully benefit from the internal market and therefore that,
as with Council Directive 89/552/EEC of 3 October 1989
Whereas: on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting
(1) The European Union is seeking to forge ever closer links activities (4), a high level of Community integration is
between the States and peoples of Europe, to ensure achieved.
economic and social progress; in accordance with
Article 14(2) of the Treaty, the internal market comprises an area without internal frontiers in which the free movements of goods, services and the freedom of estab­
lishment are ensured; the development of information
society services within the area without internal frontiers (5) The development of information society services within is vital to eliminating the barriers which divide the the Community is hampered by a number of legal
European peoples. obstacles to the proper functioning of the internal market
which make less attractive the exercise of the freedom of
establishment and the freedom to provide services; these (2) The development of electronic commerce within the obstacles arise from divergences in legislation and from information society offers significant employment oppor­ the legal uncertainty as to which national rules apply tunities in the Community, particularly in small and to such services; in the absence of coordination and medium-sized enterprises, and will stimulate economic adjustment of legislation in the relevant areas, obstacles growth and investment in innovation by European com­ might be justified in the light of the case-law of the Court panies, and can also enhance the competitiveness of of Justice of the European Communities; legal uncertainty European industry, provided that everyone has access to exists with regard to the extent to which Member States
the Internet. may control services originating from another Member
State.

(1) OJ C 30, 5.2.1999, p. 4.

(2) OJ C 169, 16.6.1999, p. 36.

(3) Opinion of the European Parliament of 6 May 1999 (OJ C 279,

1.10.1999, p. 389), Council common position of 28 February

2000 (OJ C 128, 8.5.2000, p. 32) and Decision of the European (4) OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive Parliament of 4 May 2000 (not yet published in the Official 97/36/EC of the European Parliament and of the Council (OJ Journal). L 202, 30.7.1997, p. 60).


L 178/2 EN Official Journal of the European Communities 17.7.2000

(6)

In the light of Community objectives, of Articles 43 and

unfair terms in consumer contracts (1) and Directive

49 of the Treaty and of secondary Community law, these

97/7/EC of the European Parliament and of the Council

obstacles should be eliminated by coordinating certain

of 20 May 1997 on the protection of consumers in

national laws and by clarifying certain legal concepts at

respect of distance contracts (2) form a vital element

Community level to the extent necessary for the proper

for protecting consumers in contractual matters; those

functioning of the internal market; by dealing only with

Directives also apply in their entirety to information

certain specific matters which give rise to problems for

society services; that same Community acquis, which is

the internal market, this Directive is fully consistent with

fully applicable to information society services, also

the need to respect the principle of subsidiarity as set out

embraces in particular Council Directive 84/450/EEC of

in Article 5 of the Treaty.

10 September 1984 concerning misleading and compara­

tive advertising (3), Council Directive 87/102/EEC of

22 December 1986 for the approximation of the laws,

regulations and administrative provisions of the Member

(7) In order to ensure legal certainty and consumer confi- dence, this Directive must lay down a clear and general framework to cover certain legal aspects of electronic commerce in the internal market.
States concerning consumer credit (4), Council Directive
93/22/EEC of 10 May 1993 on investment services in the securities field (5), Council Directive 90/314/EEC of
13 June 1990 on package travel, package holidays and
package tours (6), Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer production in the indication of prices of
products offered to consumers (7), Council Directive
(8) The objective of this Directive is to create a legal 92/59/EEC of 29 June 1992 on general product safety (8), framework to ensure the free movement of information Directive 94/47/EC of the European Parliament and of society services between Member States and not to the Council of 26 October 1994 on the protection of harmonise the field of criminal law as such. purchasers in respect of certain aspects on contracts
relating to the purchase of the right to use immovable properties on a timeshare basis (9), Directive 98/27/EC of the European Parliament and of the Council of 19 May
(9) The free movement of information society services can in 1998 on injunctions for the protection of consumers’
many cases be a specific reflection in Community law of interests (10), Council Directive 85/374/EEC of 25 July a more general principle, namely freedom of expression 1985 on the approximation of the laws, regulations as enshrined in Article 10(1) of the Convention for the and administrative provisions concerning liability for
Protection of Human Rights and Fundamental Freedoms, defective products (11), Directive 1999/44/EC of the Euro- which has been ratified by all the Member States; for this pean Parliament and of the Council of 25 May 1999 on reason, directives covering the supply of information certain aspects of the sale of consumer goods and
society services must ensure that this activity may be associated guarantees (12), the future Directive of the engaged in freely in the light of that Article, subject only European Parliament and of the Council concerning the to the restrictions laid down in paragraph 2 of that Article distance marketing of consumer financial services and
and in Article 46(1) of the Treaty; this Directive is Council Directive 92/28/EEC of 31 March 1992 on not intended to affect national fundamental rules and the advertising of medicinal products (13); this Directive
principles relating to freedom of expression.
(10) In accordance with the principle of proportionality, the

measures provided for in this Directive are strictly limited (1) OJ L 95, 21.4.1993, p. 29.

to the minimum needed to achieve the objective of the (2) OJ L 144, 4.6.1999, p. 19.

proper functioning of the internal market; where action (3) OJ L 250, 19.9.1984, p. 17. Directive as amended by Directive

at Community level is necessary, and in order to guarantee 97/55/EC of the European Parliament and of the Council (OJ
an area which is truly without internal frontiers as far as electronic commerce is concerned, the Directive must ensure a high level of protection of objectives of general interest, in particular the protection of minors and human

L 290, 23.10.1997, p. 18).

(4) OJ L 42, 12.2.1987, p. 48. Directive as last amended by Directive

98/7/EC of the European Parliament and of the Council (OJ L 101,

1.4.1998, p. 17).

(5) OJ L 141, 11.6.1993, p. 27. Directive as last amended by Directive

dignity, consumer protection and the protection of 97/9/EC of the European Parliament and of the Council (OJ L 84,
public health; according to Article 152 of the Treaty, the 26.3.1997, p. 22).

protection of public health is an essential component of (6) OJ L 158, 23.6.1990, p. 59.

other Community policies. (7) OJ L 80, 18.3.1998, p. 27. (8) OJ L 228, 11.8.1992, p. 24. (9) OJ L 280, 29.10.1994, p. 83.

(10) OJ L 166, 11.6.1998, p. 51. Directive as amended by Directive

1999/44/EC (OJ L 171, 7.7.1999, p. 12).

(11) This Directive is without prejudice to the level of (11) OJ L 210, 7.8.1985, p. 29. Directive as amended by Directive

protection for, in particular, public health and consumer 1999/34/EC (OJ L 141, 4.6.1999, p. 20).

interests, as established by Community acts; amongst (12) OJ L 171, 7.7.1999, p. 12.

others, Council Directive 93/13/EEC of 5 April 1993 on (13) OJ L 113, 30.4.1992, p. 13.


17.7.2000 EN Official Journal of the European Communities L 178/3

should be without prejudice to Directive 98/43/EC of the (16) The exclusion of gambling activities from the scope of European Parliament and of the Council of 6 July 1998 application of this Directive covers only games of chance, on the approximation of the laws, regulations and lotteries and betting transactions, which involve wagering administrative provisions of the Member States relating a stake with monetary value; this does not cover pro- to the advertising and sponsorship of tobacco products (1) motional competitions or games where the purpose is to adopted within the framework of the internal market, or encourage the sale of goods or services and where to directives on the protection of public health; this payments, if they arise, serve only to acquire the promoted Directive complements information requirements estab- goods or services.
lished by the abovementioned Directives and in particular
Directive 97/7/EC.
(12) It is necessary to exclude certain activities from the scope of this Directive, on the grounds that the freedom to provide services in these fields cannot, at this stage, be guaranteed under the Treaty or existing secondary legislation; excluding these activities does not preclude any instruments which might prove necessary for the proper functioning of the internal market; taxation,
(17) The definition of information society services already exists in Community law in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services (4) and in Directive
98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services
particularly value added tax imposed on a large number based on, or consisting of, conditional access (5); this
of the services covered by this Directive, must be excluded form the scope of this Directive.
(13) This Directive does not aim to establish rules on fiscal
definition covers any service normally provided for
remuneration, at a distance, by means of electronic equipment for the processing (including digital com­ pression) and storage of data, and at the individual request
of a recipient of a service; those services referred to in the
obligations nor does it pre-empt the drawing up of indicative list in Annex V to Directive 98/34/EC which
Community instruments concerning fiscal aspects of
do not imply data processing and storage are not covered
electronic commerce. by this definition.
(14) The protection of individuals with regard to the pro­ (18) Information society services span a wide range of econ­
cessing of personal data is solely governed by Directive omic activities which take place on-line; these activities
95/46/EC of the European Parliament and of the Council can, in particular, consist of selling goods on-line; activi­ of 24 October 1995 on the protection of individuals with ties such as the delivery of goods as such or the provision regard to the processing of personal data and on the free of services off-line are not covered; information society movement of such data (2) and Directive 97/66/EC of the services are not solely restricted to services giving rise to European Parliament and of the Council of 15 December on-line contracting but also, in so far as they represent an
1997 concerning the processing of personal data and the economic activity, extend to services which are not
protection of privacy in the telecommunications sector (3) remunerated by those who receive them, such as those
which are fully applicable to information society services; offering on-line information or commercial communi­
these Directives already establish a Community legal cations, or those providing tools allowing for search, framework in the field of personal data and therefore it is access and retrieval of data; information society services not necessary to cover this issue in this Directive in order also include services consisting of the transmission of to ensure the smooth functioning of the internal market, information via a communication network, in providing in particular the free movement of personal data between access to a communication network or in hosting infor- Member States; the implementation and application of mation provided by a recipient of the service; television this Directive should be made in full compliance with the broadcasting within the meaning of Directive principles relating to the protection of personal data, in EEC/89/552 and radio broadcasting are not information particular as regards unsolicited commercial communi­ society services because they are not provided at individ­ cation and the liability of intermediaries; this Directive ual request; by contrast, services which are transmitted cannot prevent the anonymous use of open networks point to point, such as video-on-demand or the provision such as the Internet. of commercial communications by electronic mail are
information society services; the use of electronic mail or
(15) The confidentiality of communications is guaranteed by Article 5 Directive 97/66/EC; in accordance with that Directive, Member States must prohibit any kind of interception or surveillance of such communications by others than the senders and receivers, except when legally authorised.
equivalent individual communications for instance by
natural persons acting outside their trade, business or profession including their use for the conclusion of contracts between such persons is not an information
society service; the contractual relationship between an

(1) OJ L 213, 30.7.1998, p. 9. (4) OJ L 204, 21.7.1998, p. 37. Directive as amended by Directive

(2) OJ L 281, 23.11.1995, p. 31. 98/48/EC (OJ L 217, 5.8.1998, p. 18). (3) OJ L 24, 30.1.1998, p. 1. (5) OJ L 320, 28.11.1998, p. 54.


L 178/4 EN Official Journal of the European Communities 17.7.2000

employee and his employer is not an information society improve mutual trust between Member States, it is service; activities which by their very nature cannot be essential to state clearly this responsibility on the part of carried out at a distance and by electronic means, such as the Member State where the services originate; moreover, the statutory auditing of company accounts or medical in order to effectively guarantee freedom to provide advice requiring the physical examination of a patient are services and legal certainty for suppliers and recipients of not information society services. services, such information society services should in principle be subject to the law of the Member State in
which the service provider is established.
(19) The place at which a service provider is established should be determined in conformity with the case-law of the
Court of Justice according to which the concept of (23) This Directive neither aims to establish additional rules establishment involves the actual pursuit of an economic on private international law relating to conflicts of law activity through a fixed establishment for an indefinite nor does it deal with the jurisdiction of Courts; provisions period; this requirement is also fulfilled where a company of the applicable law designated by rules of private is constituted for a given period; the place of establish- international law must not restrict the freedom to provide ment of a company providing services via an Internet information society services as established in this Direc­ website is not the place at which the technology support­ tive.
ing its website is located or the place at which its website
is accessible but the place where it pursues its economic
activity; in cases where a provider has several places of establishment it is important to determine from which
place of establishment the service concerned is provided; (24) In the context of this Directive, notwithstanding the rule in cases where it is difficult to determine from which of on the control at source of information society services, several places of establishment a given service is provided, it is legitimate under the conditions established in this this is the place where the provider has the centre of his Directive for Member States to take measures to restrict activities relating to this particular service. the free movement of information society services.
(20) The definition of ‘recipient of a service’ covers all types of
usage of information society services, both by persons (25) National courts, including civil courts, dealing with who provide information on open networks such as the private law disputes can take measures to derogate from Internet and by persons who seek information on the the freedom to provide information society services in Internet for private or professional reasons. conformity with conditions established in this Directive.
(21) The scope of the coordinated field is without prejudice to (26) Member States, in conformity with conditions established future Community harmonisation relating to information in this Directive, may apply their national rules on society services and to future legislation adopted at criminal law and criminal proceedings with a view to national level in accordance with Community law; the taking all investigative and other measures necessary for coordinated field covers only requirements relating to the detection and prosecution of criminal offences, on-line activities such as on-line information, on-line without there being a need to notify such measures to the advertising, on-line shopping, on-line contracting and Commission.
does not concern Member States’ legal requirements
relating to goods such as safety standards, labelling
obligations, or liability for goods, or Member States’
requirements relating to the delivery or the transport of
goods, including the distribution of medicinal products;
the coordinated field does not cover the exercise of rights of pre-emption by public authorities concerning certain goods such as works of art.
(27) This Directive, together with the future Directive of the
European Parliament and of the Council concerning the distance marketing of consumer financial services, contributes to the creating of a legal framework for the
on-line provision of financial services; this Directive does not pre-empt future initiatives in the area of financial services in particular with regard to the harmonisation of
(22) Information society services should be supervised at the rules of conduct in this field; the possibility for Member source of the activity, in order to ensure an effective States, established in this Directive, under certain circum­ protection of public interest objectives; to that end, it is stances of restricting the freedom to provide information
necessary to ensure that the competent authority provides society services in order to protect consumers also covers such protection not only for the citizens of its own measures in the area of financial services in particular country but for all Community citizens; in order to measures aiming at protecting investors.

17.7.2000 EN Official Journal of the European Communities L 178/5

(28) The Member States’ obligation not to subject access to (32) In order to remove barriers to the development of cross- the activity of an information society service provider to border services within the Community which members prior authorisation does not concern postal services of the regulated professions might offer on the Internet, it covered by Directive 97/67/EC of the European Parlia- is necessary that compliance be guaranteed at Community ment and of the Council of 15 December 1997 on level with professional rules aiming, in particular, to common rules for the development of the internal market protect consumers or public health; codes of conduct at of Community postal services and the improvement of Community level would be the best means of determining quality of service (1) consisting of the physical delivery of the rules on professional ethics applicable to commercial a printed electronic mail message and does not affect communication; the drawing-up or, where appropriate, voluntary accreditation systems, in particular for pro- the adaptation of such rules should be encouraged viders of electronic signature certification service. without prejudice to the autonomy of professional bodies
and associations.
(33) This Directive complements Community law and national
(29) Commercial communications are essential for the finan­ law relating to regulated professions maintaining a coher­
cing of information society services and for developing a ent set of applicable rules in this field.
wide variety of new, charge-free services; in the interests
of consumer protection and fair trading, commercial communications, including discounts, promotional offers
and promotional competitions or games, must meet a number of transparency requirements; these requirements are without prejudice to Directive 97/7/EC; this Directive
should not affect existing Directives on commercial communications, in particular Directive 98/43/EC.
(30) The sending of unsolicited commercial communications by electronic mail may be undesirable for consumers and information society service providers and may disrupt the smooth functioning of interactive networks; the question of consent by recipient of certain forms of unsolicited commercial communications is not addressed by this Directive, but has already been addressed, in particular, by Directive 97/7/EC and by Directive
(34) Each Member State is to amend its legislation containing
requirements, and in particular requirements as to form,
which are likely to curb the use of contracts by electronic means; the examination of the legislation requiring such adjustment should be systematic and should cover all the
necessary stages and acts of the contractual process, including the filing of the contract; the result of this amendment should be to make contracts concluded
electronically workable; the legal effect of electronic signatures is dealt with by Directive 1999/93/EC of the European Parliament and of the Council of 13 December
1999 on a Community framework for electronic signa­
tures (2); the acknowledgement of receipt by a service
provider may take the form of the on-line provision of the service paid for.
97/66/EC; in Member States which authorise unsolicited (35) This Directive does not affect Member States’ possibility commercial communications by electronic mail, the of maintaining or establishing general or specific legal setting up of appropriate industry filtering initiatives requirements for contracts which can be fulfilled by
should be encouraged and facilitated; in addition it is electronic means, in particular requirements concerning necessary that in any event unsolicited commercial secure electronic signatures.
communities are clearly identifiable as such in order to improve transparency and to facilitate the functioning of
such industry initiatives; unsolicited commercial com­ (36) Member States may maintain restrictions for the use of munications by electronic mail should not result in electronic contracts with regard to contracts requiring by additional communication costs for the recipient. law the involvement of courts, public authorities, or
professions exercising public authority; this possibility also covers contracts which require the involvement of courts, public authorities, or professions exercising public authority in order to have an effect with regard to third
(31) Member States which allow the sending of unsolicited parties as well as contracts requiring by law certification
commercial communications by electronic mail without or attestation by a notary.
prior consent of the recipient by service providers
established in their territory have to ensure that the service providers consult regularly and respect the opt­
out registers in which natural persons not wishing to receive such commercial communications can register themselves.
(37) Member States’ obligation to remove obstacles to the use
of electronic contracts concerns only obstacles resulting from legal requirements and not practical obstacles resulting from the impossibility of using electronic means
in certain cases.

(1) OJ L 15, 21.1.1998, p. 14. (2) OJ L 13, 19.1.2000, p. 12.


L 178/6 EN Official Journal of the European Communities 17.7.2000

(38) Member States’ obligation to remove obstacles to the use (43) A service provider can benefit from the exemptions for of electronic contracts is to be implemented in conformity ‘mere conduit’ and for ‘caching’ when he is in no way with legal requirements for contracts enshrined in Com- involved with the information transmitted; this requires munity law. among other things that he does not modify the infor­ mation that he transmits; this requirement does not cover
manipulations of a technical nature which take place in the course of the transmission as they do not alter the
integrity of the information contained in the transmission.
(39) The exceptions to the provisions concerning the contracts concluded exclusively by electronic mail or by equivalent
individual communications provided for by this Directive, (44) A service provider who deliberately collaborates with one in relation to information to be provided and the placing of the recipients of his service in order to undertake illegal of orders, should not enable, as a result, the by-passing of acts goes beyond the activities of ‘mere conduit’ or those provisions by providers of information society ‘caching’ and as a result cannot benefit from the liability services. exemptions established for these activities.
(45) The limitations of the liability of intermediary service (40) Both existing and emerging disparities in Member States’ providers established in this Directive do not affect legislation and case-law concerning liability of service the possibility of injunctions of different kinds; such providers acting as intermediaries prevent the smooth injunctions can in particular consist of orders by courts functioning of the internal market, in particular by or administrative authorities requiring the termination or impairing the development of cross-border services and prevention of any infringement, including the removal of
producing distortions of competition; service providers illegal information or the disabling of access to it. have a duty to act, under certain circumstances, with a
view to preventing or stopping illegal activities; this
Directive should constitute the appropriate basis for (46) In order to benefit from a limitation of liability, the the development of rapid and reliable procedures for provider of an information society service, consisting removing and disabling access to illegal information; such of the storage of information, upon obtaining actual mechanisms could be developed on the basis of voluntary knowledge or awareness of illegal activities has to act agreements between all parties concerned and should be expeditiously to remove or to disable access to the encouraged by Member States; it is in the interest of all information concerned; the removal or disabling of access parties involved in the provision of information society has to be undertaken in the observance of the principle services to adopt and implement such procedures; the of freedom of expression and of procedures established provisions of this Directive relating to liability should not for this purpose at national level; this Directive does not preclude the development and effective operation, by affect Member States’ possibility of establishing specific the different interested parties, of technical systems of requirements which must be fulfilled expeditiously prior protection and identification and of technical surveillance to the removal or disabling of information.
instruments made possible by digital technology within
the limits laid down by Directives 95/46/EC and
97/66/EC.
(47) Member States are prevented from imposing a monitoring obligation on service providers only with respect to obligations of a general nature; this does not concern monitoring obligations in a specific case and, in particu­
(41) This Directive strikes a balance between the different lar, does not affect orders by national authorities in interests at stake and establishes principles upon which accordance with national legislation.
industry agreements and standards can be based.
(48) This Directive does not affect the possibility for Member States of requiring service providers, who host infor­ mation provided by recipients of their service, to apply
(42) The exemptions from liability established in this Directive duties of care, which can reasonably be expected from
cover only cases where the activity of the information them and which are specified by national law, in order to society service provider is limited to the technical process detect and prevent certain types of illegal activities.
of operating and giving access to a communication
network over which information made available by third
parties is transmitted or temporarily stored, for the sole
purpose of making the transmission more efficient; this (49) Member States and the Commission are to encourage the activity is of a mere technical, automatic and passive drawing-up of codes of conduct; this is not to impair the
nature, which implies that the information society service voluntary nature of such codes and the possibility for provider has neither knowledge of nor control over the interested parties of deciding freely whether to adhere to information which is transmitted or stored. such codes.

17.7.2000 EN Official Journal of the European Communities L 178/7

(50) It is important that the proposed directive on the (56) As regards the derogation contained in this Directive harmonisation of certain aspects of copyright and related regarding contractual obligations concerning contracts rights in the information society and this Directive come concluded by consumers, those obligations should be into force within a similar time scale with a view to interpreted as including information on the essential establishing a clear framework of rules relevant to the elements of the content of the contract, including con- issue of liability of intermediaries for copyright and sumer rights, which have a determining influence on the relating rights infringements at Community level. decision to contract.
(57) The Court of Justice has consistently held that a Member (51) Each Member State should be required, where necessary, State retains the right to take measures against a service to amend any legislation which is liable to hamper the provider that is established in another Member State but
use of schemes for the out-of-court settlement of disputes directs all or most of his activity to the territory of the
through electronic channels; the result of this amendment first Member State if the choice of establishment was
must be to make the functioning of such schemes made with a view to evading the legislation that would genuinely and effectively possible in law and in practice, have applied to the provider had he been established on
even across borders. the territory of the first Member State.
(58) This Directive should not apply to services supplied by (52) The effective exercise of the freedoms of the internal service providers established in a third country; in view market makes it necessary to guarantee victims effective of the global dimension of electronic commerce, it is, access to means of settling disputes; damage which may however, appropriate to ensure that the Community rules
arise in connection with information society services is are consistent with international rules; this Directive is characterised both by its rapidity and by its geographical without prejudice to the results of discussions within extent; in view of this specific character and the need to international organisations (amongst others WTO, ensure that national authorities do not endanger the OECD, Uncitral) on legal issues.
mutual confidence which they should have in one
another, this Directive requests Member States to ensure that appropriate court actions are available; Member
States should examine the need to provide access to (59) Despite the global nature of electronic communications, judicial procedures by appropriate electronic means. coordination of national regulatory measures at European
Union level is necessary in order to avoid fragmentation of the internal market, and for the establishment of an appropriate European regulatory framework; such
(53) Directive 98/27/EC, which is applicable to information society services, provides a mechanism relating to actions for an injunction aimed at the protection of the collective interests of consumers; this mechanism will contribute to the free movement of information society services by ensuring a high level of consumer protection.
(54) The sanctions provided for under this Directive are without prejudice to any other sanction or remedy provided under national law; Member States are not obliged to provide criminal sanctions for infringement of national provisions adopted pursuant to this Directive.
(55) This Directive does not affect the law applicable to contractual obligations relating to consumer contracts; accordingly, this Directive cannot have the result of
coordination should also contribute to the establishment of a common and strong negotiating position in inter- national forums.
(60) In order to allow the unhampered development of electronic commerce, the legal framework must be clear and simple, predictable and consistent with the rules applicable at international level so that it does not adversely affect the competitiveness of European industry or impede innovation in that sector.
(61) If the market is actually to operate by electronic means in the context of globalisation, the European Union and the major non-European areas need to consult each other with a view to making laws and procedures compatible.
depriving the consumer of the protection afforded to him (62) Cooperation with third countries should be strengthened by the mandatory rules relating to contractual obligations in the area of electronic commerce, in particular with
of the law of the Member State in which he has his applicant countries, the developing countries and the
habitual residence. European Union’s other trading partners.

L 178/8 EN Official Journal of the European Communities 17.7.2000

(63) The adoption of this Directive will not prevent the commercial communications, electronic contracts, the liability Member States from taking into account the various of intermediaries, codes of conduct, out-of-court dispute social, societal and cultural implications which are settlements, court actions and cooperation between Member inherent in the advent of the information society; in States.
particular it should not hinder measures which Member
States might adopt in conformity with Community law
to achieve social, cultural and democratic goals taking 3. This Directive complements Community law applicable into account their linguistic diversity, national and to information society services without prejudice to the level regional specificities as well as their cultural heritage, and of protection for, in particular, public health and consumer to ensure and maintain public access to the widest interests, as established by Community acts and national possible range of information society services; in any legislation implementing them in so far as this does not restrict case, the development of the information society is to the freedom to provide information society services.
ensure that Community citizens can have access to
the cultural European heritage provided in the digital
environment. 4. This Directive does not establish additional rules on
private international law nor does it deal with the jurisdiction of Courts.
(64) Electronic communication offers the Member States an
excellent means of providing public services in the
cultural, educational and linguistic fields. 5. This Directive shall not apply to:
(65) The Council, in its resolution of 19 January 1999 on the consumer dimension of the information society (1),
(a) the field of taxation;
stressed that the protection of consumers deserved special (b) questions relating to information society services covered
attention in this field; the Commission will examine the by Directives 95/46/EC and 97/66/EC;
degree to which existing consumer protection rules
provide insufficient protection in the context of the (c) questions relating to agreements or practices governed by information society and will identify, where necessary, cartel law;
the deficiencies of this legislation and those issues which
could require additional measures; if need be, the Com­ (d) the following activities of information society services:
resolve such deficiencies that will thereby have been
identified, — the activities of notaries or equivalent professions to
the extent that they involve a direct and specific
connection with the exercise of public authority,

HAVE ADOPTED THIS DIRECTIVE:

— the representation of a client and defence of his interests before the courts,

CHAPTER I — gambling activities which involve wagering a stake with monetary value in games of chance, including

GENERAL PROVISIONS lotteries and betting transactions.

Article 1

Objective and scope

6. This Directive does not affect measures taken at Com- munity or national level, in the respect of Community law, in order to promote cultural and linguistic diversity and to ensure the defence of pluralism.
1. This Directive seeks to contribute to the proper func- Article 2
tioning of the internal market by ensuring the free movement
of information society services between the Member States.

Definitions

2. This Directive approximates, to the extent necessary for the achievement of the objective set out in paragraph 1, certain national provisions on information society services relating to the internal market, the establishment of service providers,
For the purpose of this Directive, the following terms shall bear the following meanings:
(a) ‘information society services’: services within the meaning of Article 1(2) of Directive 98/34/EC as amended by

(1) OJ C 23, 28.1.1999, p. 1. Directive 98/48/EC;


17.7.2000 EN Official Journal of the European Communities L 178/9

(b) ‘service provider’: any natural or legal person providing an — the taking up of the activity of an information information society service; society service, such as requirements concerning
qualifications, authorisation or notification,
(c) ‘established service provider’: a service provider who — the pursuit of the activity of an information society effectively pursues an economic activity using a fixed service, such as requirements concerning the establishment for an indefinite period. The presence and behaviour of the service provider, requirements use of the technical means and technologies required to regarding the quality or content of the service provide the service do not, in themselves, constitute an including those applicable to advertising and con- establishment of the provider; tracts, or requirements concerning the liability of
the service provider;
(d) ‘recipient of the service’: any natural or legal person who,
for professional ends or otherwise, uses an information (ii) The coordinated field does not cover requirements
society service, in particular for the purposes of seeking such as:
information or making it accessible;
— requirements applicable to goods as such,
(e) ‘consumer’: any natural person who is acting for purposes — requirements applicable to the delivery of goods, which are outside his or her trade, business or profession;
(f) ‘commercial communication’: any form of communication designed to promote, directly or indirectly, the goods, services or image of a company, organisation or person
— requirements applicable to services not provided by electronic means.
pursuing a commercial, industrial or craft activity or Article 3
exercising a regulated profession. The following do not in
themselves constitute commercial communications:
— information allowing direct access to the activity of the

Internal market

company, organisation or person, in particular a 1. Each Member State shall ensure that the information domain name or an electronic-mail address, society services provided by a service provider established on
its territory comply with the national provisions applicable in
— communications relating to the goods, services or the Member State in question which fall within the coordinated image of the company, organisation or person com- field.
piled in an independent manner, particularly when this is without financial consideration;
2. Member States may not, for reasons falling within the coordinated field, restrict the freedom to provide information
(g) ‘regulated profession’: any profession within the meaning society services from another Member State.
of either Article 1(d) of Council Directive 89/48/EEC of
21 December 1988 on a general system for the recognition
of higher-education diplomas awarded on completion of professional education and training of at least three-years’ duration (1) or of Article 1(f) of Council Directi­ ve 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training
to supplement Directive 89/48/EEC (2); 4. Member States may take measures to derogate from
paragraph 2 in respect of a given information society service if
the following conditions are fulfilled:
(h) ‘coordinated field’: requirements laid down in Member
States’ legal systems applicable to information society (a) the measures shall be:
service providers or information society services, regardless
of whether they are of a general nature or specifically
designed for them. (i) necessary for one of the following reasons:
— public policy, in particular the prevention, investi­ (i) The coordinated field concerns requirements with gation, detection and prosecution of criminal which the service provider has to comply in respect of: offences, including the protection of minors and

the fight against any incitement to hatred on grounds of race, sex, religion or nationality, and violations of human dignity concerning individual

(1) OJ L 19, 24.1.1989, p. 16.

(2) OJ L 209, 24.7.1992, p. 25. Directive as last amended by

persons,

Commission Directive 97/38/EC (OJ L 184, 12.7.1997, p. 31). — the protection of public health,


L 178/10 EN Official Journal of the European Communities 17.7.2000

— public security, including the safeguarding of 2. Paragraph 1 shall be without prejudice to authorisation national security and defence, schemes which are not specifically and exclusively targeted at information society services, or which are covered by
— the protection of consumers, including investors; Directive 97/13/EC of the European Parliament and of the
Council of 10 April 1997 on a common framework for
(ii) taken against a given information society service which general authorisations and individual licences in the field of
prejudices the objectives referred to in point (i) or telecommunications services (1). which presents a serious and grave risk of prejudice to
those objectives;
(iii) proportionate to those objectives;

Article 5

(b) before taking the measures in question and without General information to be provided
prejudice to court proceedings, including preliminary
proceedings and acts carried out in the framework of a
criminal investigation, the Member State has: 1. In addition to other information requirements estab­
lished by Community law, Member States shall ensure that the
— asked the Member State referred to in paragraph 1 to service provider shall render easily, directly and permanently take measures and the latter did not take such accessible to the recipients of the service and competent measures, or they were inadequate, authorities, at least the following information:
— notified the Commission and the Member State referred (a) the name of the service provider;
to in paragraph 1 of its intention to take such measures.
5. Member States may, in the case of urgency, derogate from the conditions stipulated in paragraph 4(b). Where this
(b) the geographic address at which the service provider is established;
is the case, the measures shall be notified in the shortest (c) the details of the service provider, including his electronic possible time to the Commission and to the Member State mail address, which allow him to be contacted rapidly and referred to in paragraph 1, indicating the reasons for which communicated with in a direct and effective manner;
the Member State considers that there is urgency.
(d) where the service provider is registered in a trade or similar public register, the trade register in which the service
6. Without prejudice to the Member State’s possibility of provider is entered and his registration number, or equiva­
proceeding with the measures in question, the Commission lent means of identification in that register;
shall examine the compatibility of the notified measures with
Community law in the shortest possible time; where it comes
to the conclusion that the measure is incompatible with Community law, the Commission shall ask the Member State in question to refrain from taking any proposed measures or
(e) where the activity is subject to an authorisation scheme,
the particulars of the relevant supervisory authority;
urgently to put an end to the measures in question. (f) as concerns the regulated professions:

CHAPTER II

— any professional body or similar institution with which the service provider is registered,
— the professional title and the Member State where it

PRINCIPLES has been granted,

— a reference to the applicable professional rules in the
Member State of establishment and the means to access

Section 1: Establishment and information requirements them;

(g) where the service provider undertakes an activity that is Article 4 subject to VAT, the identification number referred to in Article 22(1) of the sixth Council Directive 77/388/EEC of
17 May 1977 on the harmonisation of the laws of the Principle excluding prior authorisation Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (2).
1. Member States shall ensure that the taking up and pursuit

of the activity of an information society service provider may (1) OJ L 117, 7.5.1997, p. 15.

not be made subject to prior authorisation or any other (2) OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive

requirement having equivalent effect. 1999/85/EC (OJ L 277, 28.10.1999, p. 34).

17.7.2000 EN Official Journal of the European Communities L 178/11

2. In addition to other information requirements estab- Article 8
lished by Community law, Member States shall at least ensure that, where information society services refer to prices, these
are to be indicated clearly and unambiguously and, in particu- Regulated professions
lar, must indicate whether they are inclusive of tax and delivery
costs.
1. Member States shall ensure that the use of commercial communications which are part of, or constitute, an infor­ mation society service provided by a member of a regulated

Section 2: Commercial communications profession is permitted subject to compliance with the pro­

fessional rules regarding, in particular, the independence,
dignity and honour of the profession, professional secrecy and

Article 6 fairness towards clients and other members of the profession.

Information to be provided 2. Without prejudice to the autonomy of professional bodies and associations, Member States and the Commission

In addition to other information requirements established by Community law, Member States shall ensure that commercial communications which are part of, or constitute, an infor­ mation society service comply at least with the following conditions:
(a) the commercial communication shall be clearly identifiable as such;
(b) the natural or legal person on whose behalf the commercial communication is made shall be clearly identifiable;
(c) promotional offers, such as discounts, premiums and gifts, where permitted in the Member State where the service provider is established, shall be clearly identifiable as such, and the conditions which are to be met to qualify for them shall be easily accessible and be presented clearly and unambiguously;
(d) promotional competitions or games, where permitted in the Member State where the service provider is established, shall be clearly identifiable as such, and the conditions for
shall encourage professional associations and bodies to estab- lish codes of conduct at Community level in order to determine
the types of information that can be given for the purposes of
commercial communication in conformity with the rules
referred to in paragraph 1
3. When drawing up proposals for Community initiatives which may become necessary to ensure the proper functioning of the Internal Market with regard to the information referred to in paragraph 2, the Commission shall take due account of codes of conduct applicable at Community level and shall act in close cooperation with the relevant professional associations and bodies.
4. This Directive shall apply in addition to Community Directives concerning access to, and the exercise of, activities of the regulated professions.
participation shall be easily accessible and be presented Section 3: Contracts concluded by electronic means
clearly and unambiguously.

Article 7

Article 9

Unsolicited commercial communication

Treatment of contracts

1. In addition to other requirements established by Com­ munity law, Member States which permit unsolicited commer­ cial communication by electronic mail shall ensure that such commercial communication by a service provider established in their territory shall be identifiable clearly and unambiguously as such as soon as it is received by the recipient.
1. Member States shall ensure that their legal system allows contracts to be concluded by electronic means. Member States shall in particular ensure that the legal requirements applicable to the contractual process neither create obstacles for the use of electronic contracts nor result in such contracts being deprived of legal effectiveness and validity on account of their having been made by electronic means.
2. Without prejudice to Directive 97/7/EC and Direct­ ive 97/66/EC, Member States shall take measures to ensure that service providers undertaking unsolicited commercial communications by electronic mail consult regularly and respect the opt-out registers in which natural persons not
2. Member States may lay down that paragraph 1 shall not apply to all or certain contracts falling into one of the following categories:
wishing to receive such commercial communications can (a) contracts that create or transfer rights in real estate, except register themselves. for rental rights;

L 178/12 EN Official Journal of the European Communities 17.7.2000

(b) contracts requiring by law the involvement of courts, Article 11
public authorities or professions exercising public au­
thority;
(c) contracts of suretyship granted and on collateral securities

Placing of the order

furnished by persons acting for purposes outside their 1. Member States shall ensure, except when otherwise trade, business or profession; agreed by parties who are not consumers, that in cases
where the recipient of the service places his order through
(d) contracts governed by family law or by the law of technological means, the following principles apply:
succession.
— the service provider has to acknowledge the receipt of the recipient’s order without undue delay and by electronic
3. Member States shall indicate to the Commission the means, categories referred to in paragraph 2 to which they do
not apply paragraph 1. Member States shall submit to the — the order and the acknowledgement of receipt are deemed Commission every five years a report on the application of to be received when the parties to whom they are addressed paragraph 2 explaining the reasons why they consider it are able to access them.
necessary to maintain the category referred to in para­
graph 2(b) to which they do not apply paragraph 1.
2. Member States shall ensure that, except when otherwise
agreed by parties who are not consumers, the service provider
makes available to the recipient of the service appropriate,

Article 10 effective and accessible technical means allowing him to

identify and correct input errors, prior to the placing of the
order.

Information to be provided

3. Paragraph 1, first indent, and paragraph 2 shall not apply
1. In addition to other information requirements estab- to contracts concluded exclusively by exchange of electronic lished by Community law, Member States shall ensure, except mail or by equivalent individual communications.
when otherwise agreed by parties who are not consumers, that
at least the following information is given by the service
provider clearly, comprehensibly and unambiguously and
prior to the order being placed by the recipient of the service: Section 4: Liability of intermediary service providers
(a) the different technical steps to follow to conclude the contract;

Article 12

(b) whether or not the concluded contract will be filed by the ‘Mere conduit’
service provider and whether it will be accessible;
(c) the technical means for identifying and correcting input errors prior to the placing of the order;
1. Where an information society service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network, Member
(d) the languages offered for the conclusion of the contract. States shall ensure that the service provider is not liable for the
information transmitted, on condition that the provider:
2. Member States shall ensure that, except when otherwise (a) does not initiate the transmission;
agreed by parties who are not consumers, the service provider
indicates any relevant codes of conduct to which he subscribes (b) does not select the receiver of the transmission; and and information on how those codes can be consulted
electronically. (c) does not select or modify the information contained in the transmission.
3. Contract terms and general conditions provided to the
recipient must be made available in a way that allows him to 2. The acts of transmission and of provision of access store and reproduce them. referred to in paragraph 1 include the automatic, intermediate and transient storage of the information transmitted in so far
as this takes place for the sole purpose of carrying out the
4. Paragraphs 1 and 2 shall not apply to contracts con- transmission in the communication network, and provided cluded exclusively by exchange of electronic mail or by that the information is not stored for any period longer than equivalent individual communications. is reasonably necessary for the transmission.

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3. This Article shall not affect the possibility for a court or (b) the provider, upon obtaining such knowledge or aware- administrative authority, in accordance with Member States’ ness, acts expeditiously to remove or to disable access to legal systems, of requiring the service provider to terminate or the information.
prevent an infringement.

Article 13

2. Paragraph 1 shall not apply when the recipient of the service is acting under the authority or the control of the provider.

‘Caching’

3. This Article shall not affect the possibility for a court or administrative authority, in accordance with Member States’
1. Where an information society service is provided that legal systems, of requiring the service provider to terminate or
consists of the transmission in a communication network of prevent an infringement, nor does it affect the possibility for information provided by a recipient of the service, Member Member States of establishing procedures governing the States shall ensure that the service provider is not liable for removal or disabling of access to information.
the automatic, intermediate and temporary storage of that
information, performed for the sole purpose of making more
efficient the information’s onward transmission to other Article 15
recipients of the service upon their request, on condition that:
(a) the provider does not modify the information; No general obligation to monitor
(b) the provider complies with conditions on access to the
information; 1. Member States shall not impose a general obligation on providers, when providing the services covered by Articles 12,
(c) the provider complies with rules regarding the updating of 13 and 14, to monitor the information which they transmit or the information, specified in a manner widely recognised store, nor a general obligation actively to seek facts or and used by industry; circumstances indicating illegal activity.
(d) the provider does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain data on the use of the information; and
(e) the provider acts expeditiously to remove or to disable access to the information it has stored upon obtaining actual knowledge of the fact that the information at the initial source of the transmission has been removed from the network, or access to it has been disabled, or that a court or an administrative authority has ordered such removal or disablement.
2. Member States may establish obligations for information society service providers promptly to inform the competent public authorities of alleged illegal activities undertaken or information provided by recipients of their service or obli­ gations to communicate to the competent authorities, at their request, information enabling the identification of recipients of their service with whom they have storage agreements.

CHAPTER III

2. This Article shall not affect the possibility for a court or IMPLEMENTATION
administrative authority, in accordance with Member States’
legal systems, of requiring the service provider to terminate or prevent an infringement.

Article 16

Article 14 Codes of conduct

Hosting 1. Member States and the Commission shall encourage:

1. Where an information society service is provided that consists of the storage of information provided by a recipient
(a) the drawing up of codes of conduct at Community level, by trade, professional and consumer associations
of the service, Member States shall ensure that the service or organisations, designed to contribute to the proper provider is not liable for the information stored at the request implementation of Articles 5 to 15;
of a recipient of the service, on condition that:
(b) the voluntary transmission of draft codes of conduct at
(a) the provider does not have actual knowledge of illegal national or Community level to the Commission;
activity or information and, as regards claims for damages,
is not aware of facts or circumstances from which the (c) the accessibility of these codes of conduct in the Com­
illegal activity or information is apparent; or munity languages by electronic means;

L 178/14 EN Official Journal of the European Communities 17.7.2000

(d) the communication to the Member States and the Com- on information society services, in particular electronic mission, by trade, professional and consumer associations commerce, in the internal market (Directive on elec­ or organisations, of their assessment of the application of tronic commerce) (OJ L 178, 17.7.2000, p. 1).’
their codes of conduct and their impact upon practices, habits or customs relating to electronic commerce;
(e) the drawing up of codes of conduct regarding the protec­
tion of minors and human dignity.
2. Member States and the Commission shall encourage the involvement of associations or organisations representing consumers in the drafting and implementation of codes of conduct affecting their interests and drawn up in accordance with paragraph 1(a). Where appropriate, to take account of their specific needs, associations representing the visually impaired and disabled should be consulted.

Article 19

Cooperation

1. Member States shall have adequate means of supervision and investigation necessary to implement this Directive effec­ tively and shall ensure that service providers supply them with the requisite information.

Article 17

Out-of-court dispute settlement

2. Member States shall cooperate with other Member States; they shall, to that end, appoint one or several contact points, whose details they shall communicate to the other Member States and to the Commission.
3. Member States shall, as quickly as possible, and in
1. Member States shall ensure that, in the event of disagree- conformity with national law, provide the assistance and ment between an information society service provider and the information requested by other Member States or by the recipient of the service, their legislation does not hamper the Commission, including by appropriate electronic means.
use of out-of-court schemes, available under national law, for dispute settlement, including appropriate electronic means.
4. Member States shall establish contact points which shall be accessible at least by electronic means and from which
2. Member States shall encourage bodies responsible for recipients and service providers may:
the out-of-court settlement of, in particular, consumer disputes
to operate in a way which provides adequate procedural
guarantees for the parties concerned.
3. Member States shall encourage bodies responsible for out-of-court dispute settlement to inform the Commission of
(a) obtain general information on contractual rights and
obligations as well as on the complaint and redress mechanisms available in the event of disputes, including
practical aspects involved in the use of such mechanisms;
the significant decisions they take regarding information (b) obtain the details of authorities, associations or organis­ society services and to transmit any other information on the ations from which they may obtain further information or practices, usages or customs relating to electronic commerce. practical assistance.

Article 18 5. Member States shall encourage the communication to the Commission of any significant administrative or judicial decisions taken in their territory regarding disputes relating to

Court actions information society services and practices, usages and customs relating to electronic commerce. The Commission shall com­

municate these decisions to the other Member States.
1. Member States shall ensure that court actions available
under national law concerning information society services’
activities allow for the rapid adoption of measures, including
interim measures, designed to terminate any alleged infringe­
ment and to prevent any further impairment of the interests
involved.

Article 20

Sanctions

2. The Annex to Directive 98/27/EC shall be supplemented Member States shall determine the sanctions applicable to as follows: infringements of national provisions adopted pursuant to this
Directive and shall take all measures necessary to ensure that
‘11. Directive 2000/31/EC of the European Parliament and they are enforced. The sanctions they provide for shall be of the Council of 8 June 2000 on certain legal aspects effective, proportionate and dissuasive.

17.7.2000 EN Official Journal of the European Communities L 178/15

CHAPTER IV Article 22

FINAL PROVISIONS

Article 21

Re-examination

1. Before 17 July 2003, and thereafter every two years, the Commission shall submit to the European Parliament, the Council and the Economic and Social Committee a report on the application of this Directive, accompanied, where necess­

Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 17 January 2002. They shall forthwith inform the Commission thereof.
2. When Member States adopt the measures referred to in paragraph 1, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The methods of making such reference shall be laid down by Member States.

Article 23

Entry into force

ary, by proposals for adapting it to legal, technical and This Directive shall enter into force on the day of its publication services, in particular with respect to crime prevention, the
protection of minors, consumer protection and to the proper
functioning of the internal market. Article 24

Addressees

2. In examining the need for an adaptation of this Directive, This Directive is addressed to the Member States. the report shall in particular analyse the need for proposals
concerning the liability of providers of hyperlinks and location Done at Luxemburg, 8 june 2000. tool services, ‘notice and take down’ procedures and the
attribution of liability following the taking down of content.

The report shall also analyse the need for additional conditions

For the European Parliament

For the Council

for the exemption from liability, provided for in Articles 12

and 13, in the light of technical developments, and the

The President

The President

possibility of applying the internal market principles to

unsolicited commercial communications by electronic mail.

N. FONTAINE

G. d’OLIVEIRA MARTINS



L 178/16 EN Official Journal of the European Communities 17.7.2000

ANNEX

DEROGATIONS FROM ARTICLE 3

As provided for in Article 3(3), Article 3(1) and (2) do not apply to:

— copyright, neighbouring rights, rights referred to in Directive 87/54/EEC (1) and Directive 96/9/EC (2) as well as industrial property rights,

— the emission of electronic money by institutions in respect of which Member States have applied one of the derogations provided for in Article 8(1) of Directive 2000/46/EC (3),

— Article 44(2) of Directive 85/611/EEC (4),

— Article 30 and Title IV of Directive 92/49/EEC (5), Title IV of Directive 92/96/EEC (6), Articles 7 and 8 of Directive

88/357/EEC (7) and Article 4 of Directive 90/619/EEC (8),

— the freedom of the parties to choose the law applicable to their contract,

— contractual obligations concerning consumer contacts,

— formal validity of contracts creating or transferring rights in real estate where such contracts are subject to mandatory formal requirements of the law of the Member State where the real estate is situated,

— the permissibility of unsolicited commercial communications by electronic mail.


(1) OJ L 24, 27.1.1987, p. 36. (2) OJ L 77, 27.3.1996, p. 20.

(3) Not yet published in the Official Journal.

(4) OJ L 375, 31.12.1985, p. 3. Directive as last amended by Directive 95/26/EC (OJ L 168, 18.7.1995, p. 7).

(5) OJ L 228, 11.8.1992, p. 1. Directive as last amended by Directive 95/26/EC. (6) OJ L 360, 9.12.1992, p. 2. Directive as last amended by Directive 95/26/EC. (7) OJ L 172, 4.7.1988, p. 1. Directive as last amended by Directive 92/49/EC.

(8) OJ L 330, 29.11.1990, p. 50. Directive as last amended by Directive 92/96/EC.