Legal ContextLegal ContextSaskia Mermans

Ispa and the legislation

Legal Framework for the Internet: general observation

E-mail: Highlights of the legislation in Europe and Belgium

Conclusion

Co-regulationCo-regulation

Ispa and the legislationIspa and the legislation

Legal framework for the internet: Legal framework for the internet: general observationgeneral observation

Past: the option was taken towards more and specific Internet regulation.

BUT the big hype in particular as to e-commerce didn't come through.

Present: the option is taken towards adapting the "old" law to the new technology:

i.e. copyright directive; e-commerce directive

IN GENERAL: OFF LINE = ON LINE

Future: the law is driven by market dynamics and globalization

but “nothing is permanent, but change”.

EE-mail: Highlights of the legislation -mail: Highlights of the legislation in Europe and Belgiumin Europe and Belgium

Privacy & cybercrime

E-commerce & E-confidence

Copyright

EE-mail: Highlights of the legislation -mail: Highlights of the legislation in Europe and Belgiumin Europe and Belgium

PRIVACY & CYBERCRIME * Privacy in general:

- Europe:- Data Protection Directive 97/66: “Safe Harbour Principles”

- Proposal for Directive on privacy in electronic communication COM 12/07/2000: mixed opt-in/opt-out

- Belgium:- Law 21/03/1991 Telecommunications Act- Law Privacy 08/12/1992 and 11/12/1998; R.D. 13/02/2001- Proposal of Law of Senator Destexhe: E-mail at the workplace- Law 14.07.1991 Trade Practices Act

 

 • Privacy in general:

- Europe:- Data Protection Directive 97/66: “Safe Harbour Principles”

- Proposal for Directive on privacy in electronic communication COM 12/07/2000: mixed opt-in/opt-out

- Belgium:- Law 21/03/1991 Telecommunications Act- Law Privacy 08/12/1992 and 11/12/1998; R.D. 13/02/2001- Proposal of Law of Senator Destexhe: E-mail at the workplace- Law 14.07.1991 Trade Practices Act

 * Key issues:

Commercial e-mails: Opt-in/opt-out=> complete harmonisation throughout Europe is

necessary=> avoid competitive disadvantage for Belgium economy

EE-mail: Highlights of the legislation in -mail: Highlights of the legislation in Europe and BelgiumEurope and Belgium

•CYBERCRIME: - Belgium:

- Law 28/11/2000 Computer related crime - Interception: Law 30/06/1994; Draft Royal Decree

- Co-regulation: ISPA Cooperation Protocol 28/05/1999

* Key issues: 

- Retention of data: a clear legal framework is necessary as to “what” needsto stored and for how long

  - Internet & interception: technical solution is needed- Legal security for the operation- Cross-border implications

EE-mail: Highlights of the legislation in -mail: Highlights of the legislation in Europe and BelgiumEurope and Belgium

  COPYRIGHT - Europe:

- Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society, “Copyright Directive”

 - Belgium:

- Law 30/06/1994 Copyright- Proposal of Law of Senator Monfils to transpore the Copyright Directive

* Key Issues

- ISPs need to have the right to “technical copying” (i.e. caching)=> There will be no Internet anymore

EE-mail: Highlights of the legislation in -mail: Highlights of the legislation in Europe and BelgiumEurope and Belgium

E-COMMERCE & E-CONFIDENCE  - Europe:

- Directive 08/06/2000 E-commerce Directive

* Liability of the ISPs: - Exemption of liability in case of “carrier” role (“mere conduit”) - Limitation of liability in case of “hosting” role

* Applicable law: country of origin

- Directive 1999/93/EC Digital Signature

- Belgium:

- Law 14/07/1991 Trade Practices Act- Project of Law 30/11/2001 to transpose the E-commerce Directive

 

EE-mail: Highlights of the legislation in -mail: Highlights of the legislation in Europe and BelgiumEurope and Belgium

Legal context: conclusionLegal context: conclusion

Internet in general, e-mail in particular = a "medium"=> can be included in general laws

A global approach is necessary-> world-wide approach

Legislative process: involve the direct responsibles.

=> “don't shoot the messenger”

Balanced solution including a co-regulation approach where possible and necessary.

Questions?Questions?