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process of eCommerce
Lorant Kovacs
Association for eCommerce
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preabulum
“Cooperation with third countries should be
strengthened in the area of electronic commerce, in
particular with applicant countries, the developing
countries and the European Union's other trading
partners.”
(2000/31/EC Art 1,. Sec 62.)
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Question
How long does it take the on-line buying?
1 sec (when I click on the “buy” button)
~ 3 min (when I buy item(s) on the on-line store)
2-3 days (from I ordered the item(s) until I get it/them)
8/30 days (until the end of the cooling-off period)
6 mo.s (until the warranty ends)
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First contact
select and buy item(s) in on-line store
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Final contact
• Hopefully it won’t be any problem(s) with the item
• Hopefully the buyer will buy again from that store
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Not entitled
CAUTION!
You are not entitled for selling online the following
products:
Cigarettes, chemicals, living animals, guns, medicines (national
rules!)
You have to store and deliver separately
the food (milk, white meat, red meat) and the non-food items
(separate means different boxes)
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Not entitled (2)
CAUTION!
You might be entitled for selling online the
following products:
“Member States may maintain restrictions for the use of
electronic contracts with regard to contracts requiring by law the
involvement of courts, public authorities, or professions
exercising public authority” (2000/31/EC (36))
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before buying
Promotion (channels):
• Searching
• Marketing
• On-line marketplace
• eDM
buying (on-line store)
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before buying (Q&A)
Questions (2000/31/EC Art. 6.)
(1) the commercial communication shall be clearly identifiable as
such
(2) the natural or legal person on whose behalf the commercial
communication is made shall be clearly identifiable
(3) promotional offers, such as discounts, premiums and gifts shall
be clearly identifiable as such
(4) promotional competitions or games shall be clearly identifiable
as such
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during buying
Watch out!
www
give adequate information
registration & data protection
Payment
Answer (for binding)
Point back: notice & takedown (Gergely Székely, Dr.)
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during buying > information
Things that You have to keep in mind:
• You are the ‘big fish’ and the visitor the afraid, small
one, who would like to get information before buy.
Usually the national legal system contains regulations
about the given information
• Reserve space where the visitor can contact with You
(2nd slide)
• You should give the following information
(3rd slide)
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during buying > information (2)
• Reserve space where the visitor can contact with You
– If You have public store publish the contact information
(eg. Address, tel, number)
– If You have on-line store give the e-mail address of
costumers service
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during buying > information (3)
You should give the following information
• About the product
–
–
–
–
–
–
Name of the product
Identification of the product
Price (!!!)
Features of the product
Indicate if the product need permission
Indicate if 18/(21)+ age users can buy the product
• About the company (Art. 5.)
– Name of the owner (legal entity)
– Registration number (where the service provider is registered in a trade or
similar public register)
– the geographic address at which the service provider is established
– where the activity is subject to an authorization scheme, the particulars of
the relevant supervisory authority
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during buying > information (4)
• Ordering process (Art. 10.)
– technical steps to follow to conclude the contract (sec. 1., a)
– whether or not the concluded contract will be filed by the service
provider and whether it will be accessible (sec. 1., b)
– the technical means for identifying and correcting input errors
prior to the placing of the order (sec. 1., c)
– the languages offered for the conclusion of the contract (sec. 1., d)
– Payment and shipping information
– Warranty information
Elements of the contract
“…obligations should be interpreted as including information on the
essential elements of the content of the contract, including consumer
rights, which have a determining influence on the decision to contract.”
(2000/31/EC (56))
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during buying > data protection
• Security (https)
• Privacy policy - unity with Commissioner for Data Protection
(and Freedom of Information
)
– For what purpose? (purpose tetther)
– How long?
• relative: eg. until deleting registration
• subjective: exact date
– What data? (eg. name, e-mail address, tel number)
– Handle of the data (shall the service provider give out to 3rd person?)
Point back: 3rd day of ICTtrain training (data protection)
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during buying > payment
The buyer can choose between the
optional payments:
•
•
•
•
pay by cash (at the store)
banking transfer
COD (collect on delivery)
with credit/debit card
Handle separately the
• personal (name, e-mail address that can ID the person)
• sensitive information(eg. bank card and CVV/CCV number)!
Point back: 5th day of ICTtrain training (ePayment)
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during buying > answer
The seller has to answer offer within
48 business hours!
}
This is the
accept
of the offer
This is
the offer
OK! (within 48h)
This is
post-order
period
(next slide)
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during buying (Q&A)
• Where is the store?
“the place where it pursues its economic activity” (EC (19))
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After the buying
Points of attention:
•
•
•
•
•
•
Fulfilment (of the contract)
Invoice
Delivery
Cooling off period
(costumer service)
Contract & information retrieval
Point back: UCP directive (Varnai Law Firm)
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After the buying (Q&A)
Questions
• Does the seller has to send invoice based on paper?
(It is different in the EU)
• How can the buyer retrieval the information?
(eg. contract)
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Member states’ obligations
• (37) Member States' obligation to remove obstacles to the use
of electronic contracts concerns only obstacles resulting from
legal requirements…
• (38) Member States' obligation to remove obstacles to the use
of electronic contracts is to be implemented in conformity with
legal requirements for contracts enshrined in Community law.
• (40) …the provisions of this Directive relating to liability should
not preclude the development and effective operation, by the
different interested parties, of technical systems of protection
and identification and of technical surveillance instruments
made possible by digital technology within the limits laid down
by Directives 95/46/EC and 97/66/EC
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Member states’ obligations (2)
“Member States shall ensure that the taking up and pursuit of
the activity of an information society service provider may not be
made subject to prior authorization or any other requirement
having equivalent effect” (200/31/EC Art.4, sec 1.)
“Member States shall ensure that the use of commercial
communications which are part of, or constitute, an information
society service provided by a member of a regulated
profession is permitted subject to compliance with the
professional rules regarding” (200/31/EC Art.8., sec 1.)
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Legal resources (EU)
• 2000/31/EC - eCommerce directive
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32000L0031:EN:NOT
•
•
•
•
1999/93/EC - electronic signature
1997/66/EC - protection and identification
1998/27/EC - information society services
1998/43/EC - commercial communications
• 2005/29/EC - UCP directive
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Legal resources (HU)
• 2001. évi CVIII. Törvény. - Az elektronikus
kereskedelmi szolgáltatások, valamint az információs
társadalommal összefüggő szolgáltatások egyes
kérdéseiről
• 1997. évi CLV. Törvény - Fogyasztóvédelemről
• 17/1999. (II. 5.) Korm. rendelet - A távollevők között
kötött szerződésekről
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Authorities, organizatoins
• Ministry of Economy and Transport
Department for Infocommunication and e-Economy
• Ministry of Transport, Telecommunication and Energy
www.khem.gov.hu/en/
• Hungarian Association of IT companies (IVSZ)
english.ivsz.hu
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• Association for eCommerce (SzEK)
www.szek.org
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copyrights
• Attribution (copy, distribute, display, perform
just contain the source of the work)
• Do not sell (this is non-commercial item)
• Share alike
• Do not modify
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worst case scenario :)
http://producten.hema.nl/
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Thank You for your
kind attention!
Lorant Kovacs
(Take a deep breath - again,
its over - the whole day ;)
www.szek.org
[email protected]
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process of eCommerce