HL Deb 19 March 2001 vol 623 cc134-5WA
The Earl of Northesk

asked Her Majsty's Government:

Whether the forthcoming European Union green paper Rome II relating to consumer rights on the Internet is consistent with the European Union's e-commerce directive which is due to be enforced in January 2002. [HL106]

Lord Sainsbury of Turville

The Government understand that the European Commission will shortly issue a Communication initiating a debate on the designation of the law applicable to non-contractual obligations (for example product liability, or defamation). This consultation is likely to address the interests not only of consumers, but also those of enterprises and others, and offline as well as online activies.

As a result of the e-commerce directive, which must be implemented by member states by 16 January 2002, an EU provider of online services and his services will be subject only to the requirements of the law of the member state in which he is established (subject to certain exceptions including contractual obligations concerning consumer contracts). The application of the rules for the designation of applicable law may be affected by this principle in certain cases, because the directive has the effect of disapplying the legal requirements of another member state if they are less advantageous to the online service provider than those of the member state in which he is established.

The Government look forward to the Commission's Communication and will give careful consideration to the issues it raises. The clarity, certainty and consistency of the EU's legal framework for e-commerce are important objectives of both the UK Online strategy for e-commerce and the EU's e-Europe Action Plan 2002 for the strategic development of the information society in Europe.

The Earl of Northesk

asked Her Majesty's Government:

Whether the forthcoming European Union green paper Rome II proposes legislation that would entitle dissatisfied Internet customers to seek redress under the laws of their own countries irrespective of where the relevant website may be hosted; and whether they have made any representations about the possibility that this will affect small and medium-sized enterprises disproportionately. [HL1107]

Lord Sainsbury of Turville

The Government understand that the European Commission will shortly issue a Communication initiating a debate on the designation of the law applicable to non-contractual obligations (for example product liability, or defamation).

The choice of applicable law may involve the identification of the country where an act occurs or where its effects are felt. This raises a number of potentially difficult issues in the case of activities involving websites, which may be accessed from any location. The Government believe that it will be important for the Commission's consultation to take account of the implications of the growing use of the Internet in Europe's increasingly knowledge based society and economy.

The Government are conscious that some users of the Internet, particularly individuals and small and medium-sized enterprises, may face cost and other disadvantages as a result of legal uncertainty, and have therefore emphasised in discussions with the Commission and in the Council and in other fora that any legislation at the EU or national level must provide a coherent and positive environment for the confident use of the Internet for e-commerce and other purposes.