Legal Aspects of the Information Society

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The development of information society services within the Community is hampered by a number of legal obstacles to the proper functioning of the internal market which make less attractive the exercise of the freedom of establishment and the freedom to provide services; these obstacles arise from divergences in legislation and from the legal uncertainty as to which national rules apply to such services; in the absence of coordination and adjustment of legislation in the relevant areas, obstacles might be justified in the light of the case-law of the Court of Justice of the European Communities; legal uncertainty exists with regard to the extent to which Member States may control services originating from another Member State.

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In the light of Community objectives, of Articles 43 and 49 of the Treaty and of secondary Community law, these obstacles should be eliminated by coordinating certain national laws and by clarifying certain legal concepts at Community level to the extent necessary for the proper functioning of the internal market; by dealing only with certain specific matters which give rise to problems for the internal market, this Directive is fully consistent This text has been adopted from EUR-Lex.

COM - Legal aspects of electronic commerce in the internal market.


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COM Lodder Vrije Universiteit Amsterdam deals with the oldest extant e-commerce related directive, and arguably the most important one. Sometimes referred to as the mother directive, or framework directive. The directive discusses the establishment of information society service providers, for short e-commerce providers, and their exemption from liability. Other areas covered are, among others, information requirements, contractual aspects, commercial communications.

The term "information society service"

Keywords: ISP liability, information society service providers, commercial communications, electronic contracting, information requirements. You are not authenticated to view the full text of this chapter or article. Elgaronline requires a subscription or purchase to access the full text of books or journals.


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The supervisory bodies of Latvia shall inform the European Commission and the relevant state regarding activities they are planning to perform if these states do not perform activities for the elimination of the violation or the activities performed thereby are not sufficient. In such case, the supervisory body shall immediately inform the European Commission and the relevant state regarding the activities performed and justify the urgency of these activities.


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Teksta versija. Text consolidated by Valsts valodas centrs State Language Centre with amending laws of: 10 November [shall come into force on 14 December ]; 12 June [shall come into force on 1 July ]; 19 May [shall come into force on 8 June ].

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