Legislacja Ecommerce Europe

Overview Implementation Sales of Goods Directive

ECOM Overview implementation PID Poland

Overview cookie rules EU Member States

1. The draft bill does not correspond with the current customer care trends – it does not take into account the leading communication channels and devices used for this (like smartphones) in the provisions on advertising and pre-contractual information.
2. Consequently this may lead to disinformation of the consumer, who, even taking a small loan, will receive excessive information in several formats (SECCO and SECCI). Therefore, it doesn’t help consumer protection – more information does not necessarily mean better consumer protection. Instead, the Commission should focus on making different loans comparable and highlighting the information of loans and the risks of loans to 1 or 2 pages.
3. The draft is inconsistent with the EU and Government’s ambition to develop fintech technologies: the process of assessing creditworthiness relies predominantly on traditional methods used by banks on the premises of the enterprise (requires information on income). It ignores digital realities and e-commerce, where transactions – in line with customer expectations – are concluded much faster (one click) and without leaving your home.
4. The draft unjustifiably abolishes the lower limit from which the provisions apply (previously from 200 EUR). It’s not proportional – it brings disproportional cost reporting, whilst the policy was designed to make a distinction between the risk these loans pose and the reporting requirements. Even within the regulation itself, there is no distinction between a loan of 500 and 5000 euro, although the impact these different loans can have is significant – stringent reporting rules that result from the lack of proportionality will impact those loans that are provided to purchase products from SME’s.
5. The assessment of creditworthiness is going to be carried out on the basis of the consumer’s income and expenses such as evidence of income or other sources of repayment is a fintech barrier and we strongly suggest getting rid of this provision. The provision extends the scope of information provided by the client, so they may not be willing to provide such a large amount of data and resign from taking an on-line loan. The requirement of obtaining such information will have consequences in worse customer experience (if customer would have to provide e.g. bank statements, tax statements or certificate of income) and will effect with higher credit cost (necessity of using service providers). Moreover, this can stand in contradiction to the data minimization principle of GDPR.
6. The draft impacts the price of end-consumers – small short term loans provide an important alternative to more expensive bank loans. Competition, in the end, will bring down prices of these loans, stifling innovation will thus not be in consumer’s interest.
7. We understand the intention of the EU Commission to support consumers during the COVID-19 pandemic. Nonetheless, in our view, the result will be opposite – the pandemic caused greater demand for consumer loans on-line, without showing up at bank’s premises as well as the need for quick creditworthiness assessment without unnecessary administrative burden. Customer protection is provided also in the on-line channels by providing comprehensive and visible information about the loan T&C. Probably the Commission shall firstly conduct appropriate studies on how consumers perceive loan’s T&C and then create new administrative burdens.

Ecommerce Europe, w imieniu zrzeszonych organizacji, w tym Izby Gospodarki Elektronicznej, podpisało wspólnie z CCIA list skierowany do Komisji Europejskiej oraz Stanów Zjednoczonych wzywający do przyspieszenia prac nad nowym porozumieniem, które umożliwi płynny przepływ danych osobowych pomiędzy Unią Europejską a Stanami Zjednoczonymi. Jest to ważna inicjatywa, gdyż od wyroku Trybunału Sprawiedliwości UE w sprawie Schrems II transfery danych do Stanów Zjednoczonych są złożonym prawnie zagadnieniem, co znacząco podnosi ryzyko prawne dla wielu przedsiębiorców. Dotyczy to zwłaszcza branży handlu elektronicznego. Działamy dla Was.

Treść listu: 2021-07-14 – Joint industry letter – Transatlantic industry urge swift agreement on EU-US data flows

Ecommerce Europe presents today its Priority Paper 2021 aimed at our ambition for taking European Digital Commerce to the next level. Marked by the COVID-19 outbreak, 2020 was an eventful year, which has highlighted the importance of digitalisation across all areas of the economy and society. In these difficult past months, e-commerce has been crucial for the continuation of economic activities and society in Europe. The e-commerce sector has proven resilient and many businesses have gone through an accelerated digital transformation, leading to changes in consumer behaviour and the development of new seamless commerce solutions, such as digital payment and omnichannel logistics solutions such as contactless click-and-collect. In parallel, the European Commission has reinforced its ambitions for a more digital and greener Europe via the proposed twin transitions in its recovery plan, stating that investment in digital and sustainable infrastructure is required to rebuild a strong European economy.

In the long run, the pandemic is expected to have triggered permanent social and economic changes. However, while the COVID-19 crisis has revealed the strengths of the Single Market, it has also highlighted its weaknesses. Given the increasingly cross-border nature of digital commerce, European businesses have faced barriers to implement new solutions across the Union due to regulatory fragmentation and diverging approaches towards the crisis. Ecommerce Europe’s Secretary General, Luca Cassetti, commented:

“EU policymakers need to adopt a forward-looking approach to allow innovation and stimulate digital and sustainable development. The recent crisis has also strengthened the need to alleviate unnecessary regulatory burdens, and companies in Europe need the support of the European Union to be able to compete on an increasingly competitive global market. Therefore, in this priority paper, Ecommerce Europe has identified 11 main priorities on which we will focus for 2021 to strive for a future-proof regulatory framework that will allow the European Digital Commerce Sector to flourish. In addition, Ecommerce Europe will continue advocating for simpler, more harmonised EU rules and better enforcement.”

With the aim to support the creation of a framework for European companies to flourish, Ecommerce Europe has translated its policy focus for the upcoming year into the following 11 main priorities for the European Digital Commerce Sector:

1. Seamless shopping: Adopt a channel-neutral approach
2. Role of platforms: Safeguard their innovation potential while supporting EU companies
3. Globalisation: Restore the level playing field between EU-based and non-EU-based players
4. Embrace the opportunities digital commerce offer for a more sustainable economy
5. Ensure alignment between ePrivacy and data protection regulations
6. Step up efforts for a global solution for the taxation of the fast-digitalising economy
7. Facilitate a more harmonised parcel delivery regulatory framework
8. Build an innovative and competitive cross-border payment landscape
9. Leverage opportunities offered by big data and new technologies
10. Provide SMEs financial support and reduce administrative burdens
11. Support companies’ digital transformation with more investments in e-skills and infrastructures.

To know more about our priorities, please download our Priority Paper 2021.

The digital commerce sector is at a turning point. Now more than ever, the decision taken by EU policymakers will determine the success of European e- retailers globally.

What makes an e-retailer competitive in a global market is profoundly changing. Businesses have to operate in a globalized business environment where a company’s competitive edge depends on access to new technologies, data, the capacity to operate efficiently cross-border and to adapt rapidly to evolving consumer behavior.

Catching up with the growth of digital commerce and the pace of innovation in other markets, especially Asia Pacific and North America, will require strong political will to achieve a harmonized, borderless Digital Single Market, and equally important, a global level-playing field. EU policymakers need to seize the opportunity of the new upcoming mandate in the European Institutions to build a strong political vision for digital commerce.

A major challenge for the European e-commerce sector is the lack of a European and ultimately global level-playing field, with possible unfair competition from players often based outside the European Union. E- commerce does not stop at the border of the European Union, it is a global phenomenon. Hence the EU should continue working towards a global regulatory level-playing field for e-commerce.

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