1. INTRODUCTION In January 2012, the Commission adopted, in the context of the Single Market Act I1 and the Digital Agenda for Europe2, a Communication on e-commerce and online services3.
This Communication sets out 16 targeted initiatives aimed at identifying the main obstacles to the Digital Single Market
The Communication was based on a broad public consultation on issues central to on-line services and e-commerce,
In order to best tackle obstacles to the development of digital services, the Communication and the accompanying Staff Working Document set out 5 broad priorities:
-Develop legal rules to facilitate cross-border offers of online products and services-Improve operator information
and consumer protection-Ensure reliable and efficient payment and delivery systems-Combat abuse and resolve disputes more effectively-Deploy high-speed networks
and advanced technological solutions This staff working document fulfills the commitment made in the Communication to report annually on the state of play of implementation of the action plan.
Progress on the other actions that were quoted in the text of the Communication but not formally numbered as actions is reported also about.
It emphasizes that additional efforts are needed to achieve the objectives of the E-commerce Communication, address market fragmentation,
meet the infrastructure investment challenge and realize paperless administration. The Commission has called on the 1 Commission Communication Single Market Act-Twelve levers to boost growth
and strengthen confidence; Working together to create new growth, COM (2011) 206 final http://ec. europa. eu/internal market/smact/index en. htm 2 Commission Communication‘A Digital Agenda
for Europe'COM (2010) 245 http://ec. europa. eu/digitalagenda/en/digital-agenda-europe-key-publications 3 Commission Communication A coherent framework
for building trust in the Digital Single Market for ecommerce and online services COM (2011) 942 Final, Here after the Communication;
here after e-commerce Communication http://ec. europa. eu/internal market/e-commerce/communications/2012/index en. htm 4 Commission Communication Single Market Act II Together
for new growth, COM (2012) 573 final 2 European parliament and the Council to fast-track all key legislative actions
RECEPTION BY STAKEHOLDERS AND EUROPEAN INSTITUTIONS The Communication was received well by stakeholders. They supported the Commission's intention to work towards the completion of the Digital Single Market
and welcome the Commission's Communication A coherent framework for building trust in the digital single market for e-commerce
It welcomes both the E-commerce Communication and the Single Market Act II and reviews all related European policies.
The resolution attaches great importance to policies in favor of small and medium enterprises (SMES)
It also calls for measures to build confidence and trust in the Digital Single Market via actions in the field of competition (net neutrality, unfair practices), consumer protection (alternative and online dispute resolution) and infrastructures.
3. STATE OF PLAY OF THE ACTION PLAN ONE YEAR AFTER ADOPTION 3. 1 Develop legal rules on cross-border offers of online products and services Main action 1:
The Commission services started a comprehensive review process of the CPC Regulation in 2012. The review examines, among other issues,
Following an external evaluation study in 201210, a high-level strategic debate with stakeholders, a public consultation and the launch of an impact assessment are planned for 2013.
In 2012 the Commission services commissioned an in depth study concerning the compliance of national legislation
the text in bold used as a heading for each main action is a direct quotation from the e-commerce communication.
The deadlines mentioned here are the one foreseen in the e-commerce Communication. 8 Regulation (EU) No 1024/2012 of the European parliament
and Member States and the Commission services, discussing problems in the application of the directive and emerging issues in the area of e-commerce. 10 http://ec. europa. eu/consumers/enforcement/docs/cpc regulation inception report revised290212 en
Guidelines on Article 20 of the services directive According to Article 20 (2) of the Services Directive11, consumers should generally not be faced with differences of treatment due to their nationality or residence.
and therefore the non-discrimination clause always requires a case-by-case analysis. This article of the Services Directive is particularly-but not exclusively-relevant in the context of cross border e-commerce.
the Commission adopted a Communication on the implementation of the Services Directive: A partnership for new growth in services 2012-2015 12 accompanied by a Staff Working Document13 with a view to establishing guidance on the application of Article 20 (2) of the Services Directive
which enshrines the principle of non-discrimination of service recipients on the basis of nationality or country of residence.
or refusal to provide services including those related to online transactions. It also explains when differences in treatment or refusal to provide a service may
and support efforts to ensure that customers can shop cross-border in the single market.
Commission services planning to focus on the sectors which generate the highest number of consumers'complaints, namely tourism, on-line retail and digital downloads.
in particular by means of a legislative initiative on private copying (2013) and the review of the Directive on 11 Directive 2006/123/EC of 12 december 2006 on services in the internal market http://eurlex
PDF 12 COM (2012) 261 final http://ec. europa. eu/internal market/services/services-dir/implementation report en. htm 13 Commission Staff Working
Document with a view to establishing guidance on the application of Article 20 (2) of Directive 2006/123/EC on services in the internal market http://ec. europa. eu/internal market/services
/docs/services-dir/implementation/report/SWD 2012 146 EN. pdf 5 copyright in the information society (2012. The Commission will also report on the outcome of the consultation on the online distribution of audiovisual works and on the implications of the"Premier League"ruling in the field of digital content.
Commission services have been working intensely towards the implementation of the Communication on a Single Market for Intellectual Property rights across all its various areas.
In its Communication of 18 december 2012 on Content in the Digital Single Market16, the Commission has set out its strategy for the next two years
This Communication sets out two parallel work tracks. On the one hand the Commission will complete its ongoing review of the EU copyright framework, based on market legal and economic studies,
A structured stakeholder dialogue was launched to that effect by the Commission on 4 february 2013, with the specific objective of delivering, by the end of 2013, practical industry-led solutions to a number of issues,
cross-border access and the portability of services; user-generated content and licensing for small-scale users of protected material;
The Commission services organised a CEO-level meeting on 26 june 2012 in order to tackle issues related to the e-book market
and is discussing a series of concrete actions to follow-up on the June ebook roundtable18 with external stakeholders.
In the issue of competition enforcement, on 12 december 2012, the Commission adopted a decision that rendered legally binding the commitments offered by Apple Inc. and four international e-book publishers:
The Commission services continuously monitor the effect and application of its competition rules, including with regard to the use of selective distribution systems in the online world.
In practice, this is done through its own cases, through discussions with national competition authorities within the European Competition Network,
and discussions with stakeholders more generally. Moreover, the national competition authorities inform the Commission of their case investigations
and their envisaged decisions applying EU antitrust rules. Cases are discussed as part of the activities of the European Competition Network (ECN.
There is also a working group within the ECN to discuss issues related to distribution agreements. While current discussions have not indicated a widespread problem due to selective distribution systems in the online world,
the Commission services will continue and strengthen their discussions within the ECN on online sales issues and possible trends,
to ensure that the competition rules continue to be applied rigorously in the future. The Commission adopted on 31 january 2013 a Green Paper launching a consultation on business-to-business unfair trading practices22 in the food and non-food supply chain.
Unfair trading practices are practices that grossly deviate from good commercial conduct and are contrary to good faith and fair dealing.
demanding payments for goods or services that are of no value to the contractor, unilateral or retroactive changes of contract terms,
as well as payments for fictitious services and preventing contractors from sourcing from other Member States thus leading to territorial partitioning of the Single Market.
The three-month long consultation will help the Commission services to assess the magnitude of the unfair trading practices issue
and gather evidence on its effect on the economy and on cross-border activity. They will examine the effectiveness of self-regulatory and legislative frameworks put in place to address those practices at national level
In December 2011, the Body of European Regulators for Electronic communications (BEREC), jointly with the Commission services, launched a Europe-wide data 21 For further info see IP/12/1367 http://europa
On 29 may 2012, BEREC transmitted a report with the final results of the questionnaire on traffic management practices to the Commission services
Such restrictions affect access to several legal services that use P2p technology and often seem to be implemented to restrict competition, for instance in the voice market.
Moreover, a recent Commission in depth market study on internet services provision from a consumer perspective showed that very little information was provided to consumers on internet providers'websites on issues such as blocking/slowing down of services
and download limits (94%and 56%respectively of websites assessed by mystery shoppers provided no information on the aforementioned issues) 23.
Following BEREC's work in this field, the Commission services launched a public consultation on"specific aspects of transparency, traffic management and switching in an Open Internet"on between 23 july and 15 october 2012.
The Commission services are currently working on guidance that will include measures related to transparency switching and the responsible use of traffic management tools.
VAT In the area of VAT rates, a review of the current VAT rates structure is one of the priority actions indicated by the Commission in its Communication on the future of VAT24.
and services should be subject to the same VAT rate and progress in technology should be taken into account in this respect,
so that the challenge of convergence between the on-line and the physical environment is addressed. In this context
the Commission services launched on 8 october 2012 a public consultation for a review of the existing legislation on reduced VAT rates25.
Citizens, businesses and other stakeholders were asked for their opinion on certain 23 The functioning of the market for internet access
/communications/com 20 11 851 en. pdf 25 http://ec. europa. eu/taxation customs/common/consultations/tax/2012 vat rates en. htm http://ec. europa. eu/taxation customs
and services should be treated for VAT purposes, taking into account technological developments. The consultation ended on 4 january 2013.
the smooth introduction of the mini One Stop Shop (OSS) in 2015 is another priority action indicated by the Commission in the Communication on the future of VAT.
and services based on PSI reuse. The proposal for the revision of the Public sector Information (PSI) Directive29 was published on 12 december 2011.
It seeks to provide an updated legal framework 26 Proposal for a Council Regulation amending Implementing Regulation (EU) No 282/2011 as regards the special schemes for non-established taxable persons supplying telecommunications services. http
as regards special schemes for non established taxable persons supplying telecommunications, broadcasting or electronic services to non taxable persons (OJ L 249,14. 9. 2012
PDF 29 http://ec. europa. eu/information society/policy/psi/revision directive/index en. htm 10 which will greatly contribute to bringing the economic value of PSI to the market.
and the opportunities offered by the Digital Single Market, in particular through the Enterprise Europe Network with the assistance of the European Consumer Centres Network (ECC-Net) as regards issues relating to consumers,
and through the publication of a special guide (2012). The European Consumer Centre Network (ECC-Net) has continued to raise awareness of traders of their obligations,
and defective products and services) and contains guidelines for on-line retailers. In 2012, ECCS received more than 32,000 complaints, 60%of which related to a purchase on the internet31.
The Code, integrated in the Your Europe Portal for Citizens, compiles the basic set of rights existing in EU legislation and related to the digital environment.
Furthermore, the Commission services together with stakeholders took stock of practices made to improve retailers's awareness of their duties,
obligations and opportunities when going on-line, in order to identify gaps and propose new solutions. One of the actions following the stocktaking could be dedicated a guide.
through dialogue with the stakeholders, develop codes of good conduct, good practice guides and guidelines giving consumers access to transparent and reliable information and allowing easier comparison of the prices, quality and durability of goods and services (2013-2014). 30
Published in September 2012, http://ec. europa. eu/consumers/ecc/index en. htm 31 http://ec. europa. eu/consumers/ecc/docs/report ecc-net 2012 en. pdf 32
The purpose of the Multi-Stakeholder Dialogue on Comparison Tools (MSDCT) is to: provide a better understanding of the functioning of the various types of comparison tools;
and interaction between all the stakeholders involved in comparison websites, retailers, regulators, consumer organisations; map best practices in the comparison of products and services across different sectors and identify potential areas of improvement.
Parties to the Dialogue exercise represent a wide range of interests: participants include representatives of consumer organisations, national authorities and EU-level business associations.
equipping it with instruments able to ensure that the relevant legislation is implemented in a digital environment at European level,
The Commission adopted the Communication A European Consumer Agenda Boosting confidence and growth 36 on 22 may 2012.
) 225 final. COM (2012) 225 final. http://ec. europa. eu/consumers/strategy/index en. htm#agenda 13 comparison of products and services, including through comparison
On 23 october 2012, the European commission adopted the Communication Towards a comprehensive European framework on online gambling 37.
the Communication sets out a series of initiatives designed to enhance legal clarity throughout the EU
the assessment of the market performance of online gambling services; the extension of the scope of the anti-money laundering directive and the promotion of international cooperation for the prevention of match-fixing.
which 37 Commission Communication Towards a comprehensive European framework for online gambling COM (2012) 596 final http://ec. europa. eu/internal market/services/gambling en. htm
The Commission services will now start the preparation for the implementing act as foreseen in the Directive.
The E-commerce Communication called for quick and efficient transposition of the Directive on Consumer Rights39 which Member States must transpose by December 2013
or services online, including about the functionality and interoperability of digital content. The new Directive furthermore bans pre-ticked boxes when offering additional services,
internet cost traps and charges of which the consumer was informed not in advance. The further harmonisation of the rules on distance contracts provided in the Directive means a single set of core rules across the EU that will not only promote consumers'trust
They include a policy Communication setting out the Commission's objectives and two legislative proposals:
On 4 june 2012, the Commission adopted a proposal on a regulation on electronic identification and trust services for electronic transactions in the internal market44.
and mutual recognition to trust services including enhancing current rules on e-signatures and providing a legal framework for electronic seals, electronic time stamps, electronic document acceptability, electronic delivery
on the basis of a Green Paper adopted at the same time as this Communication with the aim of
and competition on these markets and proposing legislative action where necessary, (ii) making sure that these payment services are transparent for consumers and sellers,(iii) improving and accelerating the standardisation and interoperability of payments by card, internet or mobile phone,
and (iv) increasing the level of security of payments and data protection. The Commission will present the conclusions of this exercise and the next stages by mid-2012.
More competition between payment service providers and a level playing field between incumbent and new players in this field.
More choice and transparency in payment services for consumers and merchants. More payment service innovation and security.
The Green Paper launched by a public stakeholder consultation which helped identifying a number of key hurdles on the path towards the market integration of card, internet and mobile payments most
The Single Market Act II announced that the Commission will propose a revision of the Payment Services Directive and a legislative proposal on multilateral interchange fees (MIFS.
Furthermore, it seeks stakeholders'views on how best to serve the interests of customers, businesses and end-consumers.
On the basis of the information collected, the Commission services are currently working on identifying solutions to help improve cross-border parcel delivery, notably with regard to prices,"convenience"for customers,
In response to the 2010 public consultation on e-commerce47, the vast majority and a wide variety of stakeholders indicated, in their contributions to the consultation,
According to that provision, online intermediaries providing"storage of information supplied by a recipient of the service"(hosting services such as social networks,
there has been extensive consultation of stakeholders, in particular in the following forms: Questionnaires on N&a procedures.
This questionnaire asked stakeholders to provide facts and figures concerning notice-and-action procedures. It was sent to organisations that submit notices of illegal content to online intermediaries and to online intermediaries.
Stakeholders have asked for their responses to be treated confidentially. 70 responses were received. Two experts'workshops on N&a procedures.
the Commission services are working on an impact assessment on notice-and-action procedures. Other actions:
and services which are infringing IPRS. An extensive consultation was carried out on the application of Directive 2004/48 on civil IPR enforcement in 2012 culminating with a conference on 26 june 2012.
the Commission services launched a survey to gather evidence to be used for a detailed and holistic evaluation of the efficiency of existing national IP civil enforcement systems,
The Commission services have gathered information and data as regards ADR systems for disputes between businesses (B2b ADR) via a SME-panel survey and a Eurobarometer survey.
The Commission services also met bilaterally with stakeholders. Main action 13: in 2012, propose an overall strategy on internet security in Europe aimed at better protection against cyber attacks in the EU. The establishment of the European Cybercrime Centre by 2013 will play a particularly important role in this.
and market for secure ICT and contribute to the growth and competitiveness of the EU economy;
and communication structures in 2012 by (i) in the context of the Connecting Europe Facility,
These will help Member States achieve very fast broadband connections throughout the EU, an essential element for future economic growth.
These new rules will allow for well-designed state aid targeted at market failures without crowding out private investment in competitive areas.
The guidelines were drafted after an intensive dialogue with all stakeholders and have the following principles and priorities:
the majority of which (some EUR 12.1 billion) is foreseen on e-services for the benefit of EU citizens and SMES.
and jobs through public and private investment in fields where regions have competitive advantages. One of the conditions to use the future ERDF is the development of research and innovation strategies for smart specialisation.
The Thematic Objective 2 Enhancing access to and use and quality of ICT Investment Priority;
Developing ICT products and services, e-commerce and enhancing demand for ICT and Strengthening ICT applications for e-government, e-learning,
e-inclusion and e-health is also subject to this ex-ante conditionality. 54 COM (2012) 9609/2 http://ec. europa. eu/competition/state aid/legislation/broadband guidelines en
and costing methodologies in order to stimulate investment in fibre deployment, Consistent infrastructure access pricing is key to effective competition and investments in the EU telecoms markets.
Regulatory consistency across Europe ensures that telecoms operators benefit from regulatory predictability and clarity which are necessary for, in particular,
the large scale investments required to roll out next generation networks capable of supporting the Digital Agenda for Europe's broadband targets.
The Commission services have taken a number of steps since the end of 2011. It launched public consultations on the problem definition and broad policy ideas related to costing and non-discrimination obligations for wholesale access products;
The Commission services have in addition, commissioned three independent studies. On 12 july 2012, the Commission announced the outlines of a regulatory package to give a new impetus to the rolling out of high speed broadband networks.
and,(4) those concerning in-building deployment connecting customers. High speed broadband Internet is the backbone of the digital single market.
The Communication"Unleashing the Potential of Cloud computing in Europe"57 was adopted and published by the Commission on 27 of September 2012.
in order to stimulate the uptake of cloud-based services for the benefit of users and services providers alike.
Key actions of the strategy described in the Communication include: Cutting through the jungle of standards so that cloud users enjoy interoperability, data portability and reversibility.
The development of voluntary EU-wide certification schemes for trustworthy cloud services. Providers of cloud services should create certification schemes
which enable users to evaluate and compare, in a simple manner, the level of conformity with standards, interoperability and data portability.
and conditions is a way of encouraging the wide take up of cloud computing services by increasing consumer trust. 57 COM (2012) 529 http://ec. europa. eu/information society/activities/cloudcomputing/docs/com
and growth in the public sector. The European Cloud Partnership is driven an alliance by key IT services procurers from European public bodies in cooperation with CEOS of the IT and telecom industry.
adopt a Communication on spectrum-sharing including a strategy for the promotion of shared access to the spectrum in the Single Market
The Decision contains a number of provisions fostering the availability of spectrum for wireless broadband services,
which are crucial for access to high-speed Internet services such as E-commerce services. As a first milestone of the RSPP implementation, the Commission adopted a Communication on the shared use of spectrum59 on 3 september 2012 to ensure additional flexibility in spectrum authorisation and usage as well as to foster innovation in wireless networks and services.
The RSPP aims at a target of 1200 MHZ available spectrum for wireless broadband by 2015
The 800 MHZ band is crucial for the economic roll out of nationwide wireless broadband services.
The Commission services are closely monitoring the deadlines for making this spectrum available and administrative procedures will be launched where appropriate.
and thereby the rollout and usage of high speed wireless communication networks and services. 4. CONCLUSION Many actions included in the action plan have been completed already,
A stakeholder conference will be organised at the end of 2013 to take stock of progress and assess future needs. 58 Decision No 243/2012/EU of the European council
It offers major new opportunities in many sorts of ways for businesses which serve consumers.
For traders, e-commerce offers new ways to interact with their customers and to serve them through different channels and platforms.
Although each channel retains the unique characteristics that compel customers to engage with it be specialized that a or expanded merchandise assortment, a compelling and informative visual presentation,
in 2012, EUR 277bn goods and services were bought by consumers online, an 18%growth over the year before.
By 2020 retail will have changed dramatically driven by consumer demand and by technological advances irrespective of any policy direction.
Greater diversity of the business offer including formats, product ranges and, increasingly, services; Significant development of digital commerce, including multi-channel and mobile;
More sophisticated and personalised communication with the consumer; Greater accessing of international markets by consumers and by businesses to source products,
In a digital environment and with distance selling, establishing trust can be more difficult than in a physical environment where there is more direct person-to-person interaction between buyer and seller.
with easy access to an opportunity for mediation, arbitration, and redress; in a language they understand.
or services offered are in compliance with EU-law; to make available information requirements in an understandable and sensible way;
and consumers live in an environment where the diversity of culture, tradition, lifestyle, and language is a source of richness.
therefore no longer fit for the diversity of commerce business models in the digital age. Infrastructure and skills For e-commerce and omni-channel retail to flourish throughout the EU,
and proper education programmes to ensure that every European citizen is comfortable in the digital environment
It is no longer in line with the current and future business environment and the digital economy. Or it creates a bias and competitive advantage for one channel over another.
and more competitive. 1. 6. Combat fraud and cybercrime. 1. 7. Freedom for a business to trade or not Art. 20 (2) Services Directive. 2. REMOVING BARRIERS TO E-COMMERCE 2
and to provide the necessary talents for e-businesses (jobs and enterprise creation). 7 of 16 3. 3. Push for more use of digital processes in regional, national and EU government and administrations (e g. tax and VAT returns, product information.
or not to trade Art 20.2 of Services Directive(#1. 7).-Help deliver affordable and reliable parcel delivery services(#2. 3). 2. MID-TERM ACTIONS (2016
European and Member State legislators have to be visionary and decisive to shape the right policy and legislative environment for the future of commerce, for the benefit of retail, wholesale and consumers alike.
and in all institutions to help shape this environment. 8 of 16 ANNEX: EU POLICY CONTEXT AND SPECIFIC RECOMMENDATIONS 1. BOOSTING CONSUMER & BUSINESS CONFIDENCE IN E-COMMERCE 1. 1. CONSUMER RIGHTS, CONTRACTS,
This includes information about their customers. To deliver good services and meet consumers'expectations retailers need to know their customers and their preferences.
To ensure delivery of the right product at the right time and avoiding waste, retailers and wholesalers have,
over the years, developed very sophisticated systems to manage data about products, stocks, logistics, and consumers.
retailers and wholesalers pay attention to satisfy their customers all the time. In the rare cases where customers are satisfied not
and a dispute arises, these are resolved mostly between retailers and consumers bilaterally. For the very few cases where they do not,
and wholesalers should also play their part in this awareness-raising. 1. 4. MARKET-BASED INSTRUMENTS With the digitisation of the economy and the gathering of data,
and services they want to buy, their comparative prices and qualities, the merchants that are offering them,
and the opinion of customers who have bought them. These instruments are known as: comparison websites/tools, trustmarks, review tools. 1 Also see the Commissions communication on the proposed Data protection Package:
http://ec. europa. eu/justice/newsroom/data protection/news/120125 en. htm 2 http://www. eurocommerce. be/media/11042/briefing-cons-data protection. pdf
e g. different VAT-levels, different levels of guarantees, services, delivery, payments (costs), etc. On the other hand, comparison websites should be clear about
This offers businesses a free way to show other potential consumers that they deliver high quality products and services.
The market must change to allow more competition innovation and the emergence of up-to-date digital models.
the revisions to the Payment Services Directive must achieve three main goals in terms of promoting e-commerce:(
competitive and flexible enough to embrace the new business models that the e-commerce market requires. Harmonisation and standardisation:
which all their customers can use. All payment channels must operate with equal ease and security.
which promotes competition and innovation and makes full use of emerging technologies. It should therefore adopt the Payments Services Directive II
and the MIF Regulation to provide 1) easier market entry for new providers through access to banking infrastructures, 2) cross-border acquiring, 3) elimination of other anti-competitive
The EU should consider measures such as introduction of postcodes everywhere, centralised access to population data, address verification services, 3dsecure,
The Commission must continue to recognise that the‘Non-discrimination'principle in the Services Directive does not oblige businesses to deliver everywhere in the EU. To push for more cross-border sales,
'i e. a level-playing field for all forms and business models of commerce; this means avoiding exclusive rights or obligations,
in a way that they can easily benefit from cross-border business opportunities (Digital Single Market Test).
hampered business opportunities, or created an unlevel playing field for any channel/form of commerce. 2. 2. LACK OF HARMONISATION OF PRODUCT REQUIREMENTS LACK OF MUTUAL RECOGNITION For retailers
and improve the single market opportunities. Recommendation 10: The harmonisation of product requirements should be tighten up-The EU must strengthen the application of the principle of mutual recognition of product testing
The Commission, the European parliament and the Member States should encourage vigorous competition and innovation in the postal market and tackle cross-border barriers by pursuing a sensible approach on parcel delivery.
These kinds of limitations impede a trader's ability to comply with consumer demand and prevent retailers to offer consumers their preferred product at the best price.
or channel supply constraints are in line with EU competition law, and that exclusive/selective distribution is allowed only under strictly limited
and legally explicit conditions. 15 of 16 3. IMPROVING INFRASTRUCTURE AND SKILLS 3. 1. ICT SYSTEMS For a digital environment to be effective for e-commerce across the EU,
and sell products and services for granted. A consumer walks into a store, can touch and feel what he/she wants,
and for additional questions or services you can ask the merchant. We immediately understand how to pay
On the other hand, for people with low mobility, the internet is provided a blessing they have the opportunity to learn how to use it.
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