Review of the Regulatory Framework for Electronic Communications and Services

Introduction

In the last decades, the distance selling sector has evolved from a purely mail driven business (i.e., mail order) to a multi-channel sector encompassing on-line media in their communications with consumers (Internet, e-mail, interactive television, SMS or any other interactive means of communications) as well as telephone and printed documents such as catalogues, mailings… In recent years, sales over the Internet have increased rapidly, multiplying by five in some countries since 2000. In 2004 online sales accounted for more than 35% of the €68.5 billion of total distance sales.

From the five directives forming the EU regulatory framework for electronic communications, the distance selling sector is mostly concerned about the Directive on Privacy and Electronic Communications (2002/58/EC) which, among other issues, establishes the general framework for e-mail marketing at EU level. The comments of EMOTA[1] will, therefore concentrate on this directive.

Comments

The Directive on Privacy in the Electronic Communications sector has just only been implemented in many countries in 2004, less than two years ago. Moreover, this Directive has followed a series of initiatives such as the Distance Selling Directive (97/7) or the E-Commerce Directive (2000/31) also partly dealing with unsolicited commercial communications. EMOTA believes that given the short period of time that has passed since the implementation of the Directive in the various Member States time should be given for the new provisions to settle down before making any new proposals.

At the time of its adoption the focus of the Directive on Privacy in the Electronic communications sector was on Spam. Nowadays, nevertheless we see that virus attacks and the attempts to fraudulently acquire sensitive information such as passwords or credit card details by masquerading as a trustworthy business (phising) are of much bigger concern to consumers and business than Spam. This fraudulent conducts are already condemned under the existing legal systems. However the support of the Commission to initiatives encouraging the adoption and development of reliable and secure technologies based anti-phising tools and mechanisms may be useful. The Commission and national governments may also play a role in helping to raise general awareness among consumers on identifying and dealing with phishers and in enforcing the existing rules. Many companies are already doing big efforts to educate consumers and help them to identify possible phising e-mails.

Conclusion

New legal proposals are not necessary. The Commission should instead continue with its multi-faceted action plan focusing on international co-operation, enforcement, the development of secure technologies to fight against the new security threats and fraudulent conducts and develop other initiatives similar to the Safer Internet Plus programme to empower Internet users in general to combat harmful and illegal content in the Internet and raise their awareness on these issues.

Brussels, 31 January 2006 -MOU

[1]The European Distance Selling Trade Association (EMOTA).comprises 21 national associations from 20 countries: 17 from the European Union (Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Poland, The Netherlands, Slovakia, Spain, Sweden and the UK) as well as Norway, Russia and Switzerland. EMOTA’s member associations represent more than 2,000 companies employing about 200,000 permanent staff. More than 200,000 are indirectly employed at postal and telecom companies, printers, fulfilment houses and other specialised services.