background image
42
T H E P R I M E R U S P A R A D I G M
Boosting
E-commerce
in Europe
Buying or selling online to or from other
European Union countries is still often too
complicated and expensive. E-commerce
in Europe suffers from geo-discrimination:
retailers discriminate against consumers
by establishing different prices depending
on their location or by making it
more expensive to deliver to certain
EU countries. In addition, the legal
fragmentation of consumer rights and their
enforcement mechanisms are additional
obstacles towards unlocking the full
potential of what a European single
e-commerce market can be.
Moving from 28 national digital
markets to a single one is the aim of the
recent European Commission's proposal
on boosting e-commerce in the EU. The
strategy for reaching a true single digital
market is based on three pillars:
1.
Improving access for consumers
and businesses to digital goods and
services across Europe;
2.
Creating the right conditions and a
level playing field for digital networks
and innovative services to flourish;
3.
Maximizing the growth potential of the
digital economy.
The Commission's aim is a very
ambitious one and involves revising and
improving regulation of many complex
areas that still need to be polished and
updated based upon emerging forms of
digital commerce.
The Commission approaches the
three pillars in a comprehensive manner,
with complex proposals that aim to
promote cooperation between the national
authorities and mitigate the existing
differences in the national regulations,
reaching a harmonized digital market.
Let's take a look at some of the
proposals:
1. Fighting unjustified
geo-blocking
Whether it is denying consumers access
to a website based on their location or re-
routing them to a local store with different
prices, the proposal seeks to put an end
to such discriminatory practices used
by online sellers. The initiative seeks to
reassure that European consumers have
online access to goods and services on an
equal basis regardless of their location
or nationality. The measures will involve
both access to prices and sales and
methods of payment.
As a result of the Commission's
proposal, sellers will have limited
possibilities for restricting access to the
goods and services offered online based
on national rules to protect public order.
Europe, Middle East & Africa ­ Spain
Zoya Ilyenka
Zoya Ilyenka joined 1961 Abogados y
Economistas in 2015. She specializes in
commercial, corporate, trademark law and
foreign investment. She is responsible for
the Russian desk at the firm, providing legal
advice in cross-border EU matters.
1961 Abogados y Economistas
Mestre Nicolau 19
2ª planta
Barcelona, Spain 08021
+34.93.366.39.90 Phone
+34.93.200.74.48 Fax
1961bcn.com
zoya@1961bcn.com