or post articles, visit our website FAQ page http://sloanreview. mit. edu/faq /Customer service Email:
3. Pillar III †Trust & Security †increases the trust of web users in electronic services and online
web ï Websites located on Internet Ministry for Information Society (responsible All Ministries offering public services
Page 20 of 170 ï Social media ï Operational systems available Definition of the analysis process for
OER, Web 2. 0 in education Target: 75%by 2020 %LLL resource e-learning systems Target:
Include Web 2. 0 platforms in the learning processes Ministry for Information Society (responsible Ministry of Education
OER, Web 2. 0 in education Target: 75%by 2020 #of application developed using Big data databases
Web 2. 0 platforms in the learning process Improve availability of telemedicine equipment Contribute to Europeana Develop specific cultural content
Implementation of the web portals goes through stages; starting from an interface to citizens and SMES containing a catalogue of
Low%of Citizens are using web portals to submit forms and a smaller number of%of
o Site completeness o Maturity of Integrated Web Services o One Stop Portal Approach o Multi lingual site
o Forms/Process /Descriptions o Promotes Collaborative Platform o Helpdesk availability Romania offers provider-centric on-line
services, usually via the web sites/portals of the provider state entity; the current egovernment portal structures the access to
these sites Romania has a separate payment portal which allows citizens to make payments for
web portals used in the interaction with citizens, and of related complex services used by such institutions as
Social media are defined as specific Web 2. 0 communication tools which enables people to interact generate and share content using the online environment.
dedicated websites where the user can read about different topics, give feedback by voting or commenting on the articles
The difference between them and a website is that blogs & forums are generally build on free platforms
websites that allow the user to publish, recommend and comment any kind of content. Bu using the â€oebookmark†function,
the user can find and bookmark sites and information of interest that can be accessed from anywhere and also,
websites where the user is given the possibility to create, upload, publish share and receive feedback on photo and video content
4 Global Web Index, Q2, 2014 (https://www. globalwebindex. net/)via wearesocial. net Page 57 of 170
networking sites in all Member States, while older people who use social networking sites are practically
Page 58 of 170 the same as the percentage of Internet users. The generational split has two main components:
According to Global Web Index via wearesocial. org, in February, 2014 there were 7 mil. social media users
services, creation of a website and internet banking, the last reason being claimed only by 8%of users
ï Single web portal with access to all public institutions websites and public services ï Public institutions websites with
real time feedback option implemented Communication ï Smart use of social media channels: define the user profile, engage and empower
him in conversations ï Use of reverse communication mechanisms: proactive notifications and keeping the citizen in the loop
ï Points of access to governmental web ï Websites located on Internet ï Social media ï Operational systems available
The information provided by Big data systems does not include personal information or information restricted by mechanisms of control and confidentiality
governmental web ï Websites located on Internet ï Social media ï Operational systems available Operational ï Definition of the analysis
process for the data sets collected Strategic Use the Big data concepts in order to optimize, reduce costs or bring
This kind of education relies mainly on OER resources and Web 2. 0 on learning and evaluation based on
Using ICT (OER and Web 2. 0) in the learning process and in the Life Long
Include Web 2. 0 platforms in the learning processes Enabler For a more flexible learning process
technologies type Web 2. 0 across all member countries. This activity requires a flexible education system
Web 2. 0 platforms are currently used for professional development as well as for enhancing training within the classroom
By using Web 2. 0 tools pupils and students can prepare both complex inter/trans-disciplinary curriculum
Social media sites can be used for documentation on innovative concepts such as"classrooms in the mirror"or distribution of the latest
Web 2. 0 applications for schools Responsible: Ministry of Education with support from Ministry for
telephone lines, Internet, Intranet and satellites. Telemedicine is used by the suppliers in a more and more increased number of medical specialties which include the dermatology, oncology, radiology, surgery
Intranet and satellites. Telemedicine is used by providers in an increasing number of specialties including dermatology, oncology, radiology
9http://web. worldbank. org/WBSITE/EXTERNAL/PROJECTS/0,,contentmdk: 21948518 menupk: 64282137 pagepk: 41367 pipk:
future sites for networks and elements of the electronic communications networks •The simplification of the
The utilisation of the OER and Web 2. 0 technologies for educational purposes, providing flexibility to the
ï Development of flexible OER and WEB 2. 0 technologies and their utilisation for educational
ï Preparation and promotion of the OER and Web 2. 0 instruments†usage for continuous training
Web 2. 0 in education direct direct direct direct direct direct direct direct indirect direct indirect
Web 2. 0 in education direct direct direct direct direct direct direct direct indirect direct indirect
from Google and Amazon to Airbnb and Kickstarter. Huge sums of public money have supported digital innovation in business,
where commercial Internet providers weren†t providing a connection. The idea was to build a †mesh network†where each
good, even though the web itself was founded at CERN to further a vision of scientific knowledge sharing.
impressive success stories in obtaining a global reach, in particular campaigning sites such as Avaaz and parts of the collaborative economy and the maker movement.
web a scientific project at their inceptions the Internet and web were based on open standards and a radically decentralised
architecture that could be harnessed by any actor. So the Web was able to reach a
critical mass of connectivity so that both commercial entities (like Google) and noncommercial entities (like Wikipedia
were able to exploit the â€oenetwork effect. †Beyond the Internet, many new technol -ogies such as open hardware may have
positive network externalities. Â This network effect applies in a straight -forward manner for some services such
as social networking sites like Facebook and sites that require large user-bases like Wikipedia or Airbnb,
but it may not apply easily to some other services such as e -democracy platforms, caring networks and
local currencies. For each kind of social -ly innovative service, we want to de -termine how they can maximise their
web browsers to be implemented over dif -ferent underlying platforms, avoiding pro -prietary systems and vendor lock in on the
web. This was a hard and contested battle which turned out to be the best way to do
-cess to social data held on third-party sites and permissions to get into proprietary †app stores. †The lack of standards forces
of which are based in Europe (Google controlling nearly 82%of the global search market and 98%of the mobile search
Google has developed the open source Android operating system and spawned innovation in applica -tions worldwide; Facebook has enabled
by US companies such as IBM, Google and Ciscos, partly because of the lack of alternatives Take for example the commercial success
of Google: Google has built already one of the world†s largest networks of computers and data centres for online-search results
and can repurpose their technology in or -der to expand into other data-driven ser
Delivering a web service, Network, Research project, Research project, Advocating and campaign -ing, Maker and hacker spaces, Investing and Funding, Event, Incubators and Accelerators, Advisory or expert body, Education And Training. 3 Technology
create and share on the web. It achieves this through two primary activities, Ouishare. net and collaborative economy events.
Openspending encourages transparency and accountability, whilst participatory web platforms such as Wikigender and Wikiprogress developed by the OECD facilitate
Openspending is a data sharing community and web application that aims to track every government and corporate financial
and implement open social web standard standards, contributing to the W3c Federated Social Web Working group
32 Growing a Digital Social Innovation Ecosystem for Europe Safecast is both the name of a Geiger counter built by the open source community as well as a global sensor network where
-vited programmers and developers to make apps and web services based on the data which to date have resulted in more than 60 applications for citizens.
combine or turn into web -based or mobile applications that citizens may find useful. The movement for more and better open data has grown significantly
set up open data websites at the regional level that can be considered good practices and in the Barcelona Metropolitan Region, the city of Barcelona is leading Multicouncil
Commons4eu, partners got together to explore the development of collaborative web projectsâ and bottom-up broadband technologies15.
WEB SERVICE RESEARCH PROJECT EDUCATION AND TRAINING NETWORK ADVOCATING AND CAMPAIGNING EVENT INCUBATORS AND ACCELERATORS
Digital Social Innovation website could introduce innovators to both other local innovators and innovators sharing similar
Social web entrepreneurs Startup Europe Smart Cities Internet of things Innovation and innovation policy are not
Social web entrepreneurs Startup Europe Smart Cities Internet of things Bottom up and grassroots approaches
Innovation (CAPS), Web entrepreneurs young entrepreneurs in the field of active and healthy ageing, digital champions, in
Web) Encourage people to think about Who could implement it (European Commission, national governments, mu -nicipal etc
is supported the Google programme Google for Entrepreneurs36 that in 2011 created a campus where innovation and start-ups can meet
The Impact Hub of Vienna37 is a network of several cities across the world which, according to their websites,
people around the world access to information, the possibility to add (web) content and services themselves, access to devices and modular applications that talk to one another
Federated Social Web â€oedo-not-track†technologies should be implemented in order to give users control over their social data and sensitive information, to make it easier for businesses to
An important effort towards a federated identity system Is federated the W3c Social Web Working Group58 to develop
The federated web standards will also be implemented within the EC-funded D-CENT Project59 that is piloting federated social applications for participatory
Tim Berners Lee, the inventor of the Web is advocating for a sort of Magna carta for the Internet to estabilish basic rights
A Magna carta for all Web users could be directly crowd-sourced from the Web itself
Wide Web Foundation81 illustrate examples of how this could be captured and measured. Another metric to focus on could
As an example, the Fukushima prefecture in Japan hosts a map of the Safecast data on its website, and in
11 http://www. nesta. org. uk/sites/default /files/good incubation wv. pdf 1 Combinatorial innovation means
â€oedoes the Web Extend the Mind†available online at: http://www. ibiblio org/hhalpin/homepage/publications
/websci2013-halpin-web-extend-the-mind pdf and published as Harry Halpin â€oedoes the web extend the mind?
†Proceedings of the ACM Web Science Conference (2013): 139-147 3 Over-the-topâ is a general term for
service providers that develop services that are utilized over a network that is owned by traditional network operators
Big OTT are Google, Skype, Youtube Netflix, Facebook, Amazon and EBAY 4 Sestini, Fabrizio.``Collective awareness
platforms: Engines for sustainability and ethicsâ€.  Technology and Society Magazine, IEEE 31.4 (2012): 54-62
/sites/digital-agenda/files/IA4SI%20 %E2%80%93%20fact-sheet%20 v02. pdf Nesta and Young Foundation Discussion
/sites/default/files/event/attachments /Copy%20of%20generating social Innovation%20v4. pdf Innovation platform. Measurement for policy
/45 http://en. wikipedia. org/wiki /Knowledge commons 46 http://bit. ly/1kivc4h 47 http://www. w3. org
standpoint, see the Communia website http://bit. ly/V2knnk 50 http://es. wikipedia. org/wiki
/Reinventing innovation policy Policy Tools and Action 20 http://ec. europa. eu /information society/digital-agenda
51 http://es. wikipedia. org/wiki /Interfaz de programaci%C3%B3n de aplicaciones 52 http://es. wikipedia. org/wiki
/Extensible markup language 53 http://es. wikipedia. org/wiki /Resource description framework 54 http://linkeddata. org /55 http://www. w3. org/TR
/rdf-sparql-query /56 http://www. theopeninter. net /57 http://en. wikipedia. org/wiki /Dataportability
58 http://www. w3. org/Social/WG 59 http://dcentproject. eu 60 http://es. wikipedia. org/wiki
/Hypertext transfer protocol secure 61 http://es. wikipedia. org/wiki /Red privada virtual 62 http://en. wikipedia. org/wiki /End-to-end encryption
63 https://abc4trust. eu /64 http://www. ftc. gov/system/files /documents/reports/data-brokers
-call-transparency-accountability -report-federal-trade-commission-may -2014/140527databrokerreport. pdf 65 http://www. citizenme. com 66 http://openpds. media. mit. edu
/72 http://www. nesta. org. uk/sites/default /files/good incubation wv. pdf 29 http://www. citizens. is
/76 http://www. nominettrust. org. uk/sites /default/files/Nominet%20trust%20-%20 Triple%20helix%20overview%20paper
http://www. e-living. net/sites/default /files/field/image/internet-of-things-2. jpg
http://en. wikipedia. org/wiki /Arduino#mediaviewer/File: Arduino316 jpg Accessed 29th january 2015 Page 47
//budgetparticipatif. paris. fr/bp/jsp/site /Portal. jsp? document id=133&portlet id=100 Accessed 29th january 2015
com/2013/04/10/web-2-0-vs-web-3-0 -what-really-Is accessed-the-difference
through a dedicated website and a published handbook 5. Implement the professional development activities for mobile learning across other faculties at the
University of Wollongong and disseminate in web-based template form to other universities across Australia and overseas
appointed, and a prototype project website was created. The leadership team, together with professional development and IT experts, met fortnightly for planning and monitoring,
Web-based learning Literacy education Reflective practice Adult education •Final project conference to present findings
project website •Publication of edited book •Long-term evaluation Products from each phase Phase 1
Website of exemplars and strategy descriptions Phase 4 Final conference Edited book Project report Final public website
Evaluation Reeves & Hedberg 2003 Review of literature and existing initiatives Formative evaluation of PD workshops
project website Effectiveness evaluation of 12 learning environments Effectiveness evaluation of whole project Peer review of
project website At the end of Phase 1, the project structures had been put into place (i e.,, project management, team
meetings, project website), a literature review had been conducted, and the educational affordances of the devices had been investigated and reported
communication from one site to another. When teachers had designed their learning tasks, they were able
supports and assessment items) and uploaded descriptions of pedagogies to the project website Proceedings ascilite Melbourne 2008:
and the project website. A final 2-day conference was held after all cases had been implemented and evaluated at the end of the second year of the project.
The project website also includes succinct case study descriptions and exemplars of the pedagogies developed for the m-learning devices.
conference papers and workshops, on the website and through other means such as listservs and electronic newsletters
a project website, literature review created as an Endnote library with embedded papers, a searchable catalogue of educational affordances of the mobile devices, a
updates for the website to reflect the progress of the project, creating a system to monitor and maintain
The project website served as a focal point for the project activities, schedule and resources. In each
phase, the substantive value of the website grew, both as an important communication device and as a
and the technology affordances page for the ipod on the project website Proceedings ascilite Melbourne 2008:
Web pages from the project website Conclusion Although general guidelines on the use of technology have been delineated by MCEETYA (2005
teachers†action learning within a web environment. In P. Kommers, & G. Richards (Eds.),Edmedia
http://www. cabinetoffice. gov. uk/sites/default/files/resources/uk-government-ict-strategy-2011 0. odt
Another firm with 40 employees, has established a company-wide intranet with an on-line BBS (bulletin
These companies†intranet and electronically integrated customer database not only provide the latest client-related information,
include providing product information (56%),setting up a Web page (54%),purchasing goods/services 53%)and building customer connections (48%)(Scally et al.
e-commerce sales of magnet products via the site had reached already more than USD 700 000, and the site
which helped the company to create the Web page and took training to enable him to update it
To increase the number of visits to the site, the company used both an on-line campaign and
to (potential) customers lured 1 000 visitors to the site during the peak early month.
outsource Web page design and updating, have found it difficult to contain site development costs which
%1%Website maintenance Telephony ISP charges/website hosting Responding to e-mails Advertising License fees Bank fees
Other Note: Percentage of total investment in Internet e-commerce. N=34 Source: Ernst & young (2001 Logistics services, e g. package collection and delivery, also matter.
Some placed detailed corporate information on the site to illustrate their technology and financial base (Tiessen et al.
an e-commerce site 46.8 18.9 45.3 33.4 39.3 33.6 27.3 35.4 28.6 33.6 Making needed
higher percentage of firms in manufacturing, wholesale and business services receive orders over the Web
not clear how many of these orders were received over the Web rather than through other means, such as
Small players with a Web page can now attract those preferring personalised (and possibly less expensive) services.
Since the Internet and many travel-related sites allow on-line customers to compare the price of
strongly to well-known, heavily branded (large) retailers, such as amazon com. An early study of Internet brand establishment analysing 20 000 on-line consumers who compared
) Another textile producer with 300 employees does not use the Web for buying and selling because
The site has attracted customers not only in the United kingdom and Ireland but also throughout the world Australia;
customers who have bought an instrument through the site. Some customers, impressed by the presentation of the
violin-related site among individuals, dealers and others interested in the instrument Source: UK E-commerce Awards (http://www. ecommerce-awards. co. uk/)and the company Web site
B2b on-line marketplaces and auction sites have also not been attractive to many SMES in the sector particularly in the light of most of these markets
also been evolving, with the focus shifting from connectivity and building simple web presence, to more
NET site (www. ause. net) and ebiz. enable site www. strategis. ic. gc. ca/sc indps/ebiz/engdoc/homepage. php
Bricklin, D. 2002), â€oesmall Business and Web Sites†(available at http://www. bricklin. com/smallbusiness. htm
4. 2. 1 Price comparison websites...63 4. 2. 2 Restrictions on advertising...64 4. 2. 3 Unfair commercial practices...
and sales orders made via websites or systems of electronic data interchange, excluding manually typed e-mails
commissioned by Google, 2010-2011; Mckinsey & Company, Impact d'Internet sur l'à conomie franã§aise
country of origin of the web trader can have major consequences, for example, for their right of withdrawal.
If the web trader is established in a non-EEA country, the provisions of the ECD do not apply45
themselves to offering an e-mail address accessible for their customers through the website They must also provide for other forms of direct communication. 47
Article 5 (2) obliges web traders, where information society services refer to prices, to provide a clear and unambiguous indication of the prices,
standard message e g. inviting them to visit a particular website. Whether a message is "commercial"or not leaves room for divergent interpretations as well
Case C-324/09, L'Orã al v ebay, judgment of 12 july 2011, par. 95-96, available at
sure that businesses adapt their websites. On the other hand, respondents to the e-commerce consultation expressed concerns that the contracting requirements of the ECD may have been
in Member State A considers that the website of an online trader established in Member State
Many cases concern websites which give incomplete information such as failing to indicate all the taxes and costs included in a price.
Other cases concern websites where the trader's identity, location and VAT-numbers were missing,
available on the e-commerce website of DG MARKT. 79 National websites contain general 78 Report from the Commission to the European parliament and of the Council on the application of
both screen a sample of websites in a given sector for compliance with EU consumer
standards,(2) develop the exchange of best practices through a common website and (3 develop tools and techniques to identify emerging online threats for consumers
By way of example, a major video-sharing site reported that more than 24 hours of video are uploaded on its site every minute. 83 Checking
all videos that are uploaded from possibly illegal sites would be too heavy a burden to
liability exceptions, offering a video-sharing site would probably be too great a commercial risk.
"83 Google contribution to the public consultation on the future of electronic commerce in the internal market
This could include, for example, sites containing infringements of intellectual property rights (such as trademark or copyright infringements), but also sites containing child pornography, racist and xenophobic content
defamation, incitements to terrorism or violence in general, illegal gambling offers, illegal pharmaceutical offers, fake banking services (phishing), data protection infringements, illicit
The ECJ ebay vs. l'Orã al judgment in case C-324/09 confirms that awareness in the sense of Article 14 can be obtained through a"notice"that is sent to an
emerged that the legislators could not have foreseen, such as video-sharing sites, selling platforms, social networks and peer-2-peer services.
85 Joined cases C-236/08 to C-238/08, Google vs. LVMH, judgment of 23.03.2010, for instance par. 113
video sharing sites, social networks and search engines, favoured the inclusion of those activities within the"safe harbour"regime
reasoning ruled that a hyperlinking website was a mere conduit activity that could benefit from the liability exemption of Article 12 ECD
Google Inc.)stated that the Dirwarn-Font not found: Couriernew ective was not relevant for the liability of a news search service because
Similarly, there is divergent national case law on video-sharing sites •French case law recently confirmed that video-sharing sites can benefit from the
liability exemption for hosting activities, for instance in the Magdane vs. Dailymotion case. 89 The fact that Dailymotion received advertisement revenues was irrelevant in
however, the Hamburg Court held (in Peterson v Google Inc and others90) that a video sharing site for videos uploaded by third parties cannot benefit
86 Crown Court, Gloucester, 06.02.2010, ref. no. T20097013, available at http://merlin. obs. coe. int/iris/2010/4/article26. en. html
The court ruled that Youtube could not benefit from a liability exemption for hosting providers as, for the following reasons, it would have adopted uploaded third party
o Youtube provides a specific layout of the website and Youtube's logo is shown in rather big letters above the playing video
o Youtube provides links to related videos o Youtube displays commercial video clips and not only content that
expresses a personal opinion o Because of the arrangement of the website the average user cannot tell at
first sight that the videos were uploaded by the user and not by Youtube o The homepage of Youtube suggests that Youtube exercises editorial
control as it suggests certain videos o Youtube actively connects advertisements to uploaded videos o Youtube's Terms and Conditions indicate that Youtube can use the
content uploaded on its site as its own content •In Italy the Civil Court of Rome (RTI and others vs.
Youtube and others) 91 also considered that a video-sharing site could not benefit from a liability exemption
The court stated that Youtube was not to be regarded as a hosting provider but as
a"digital broadcaster"and was considered consequently fully responsible for the published content. Youtube would play an active role
and would not limit its activities to providing server space for users to independently upload and organise
content The case law on online selling platforms is fragmented also •The Paris Commercial Court considered that ebay might not benefit from a liability
exemption for its hosting activities. 92 The court considered that the sellers on ebay's
website (recipients of ebay's services in terms of the E-commerce Directive) act under the authority or the control of ebay (the provider of an information society service in
terms of the E-commerce Directive), in which case, in accordance with Article 14 (2 of the Directive, the liability exemption for hosting activities does not apply.
The court came to this conclusion because ebay plays an active role in promoting sales with the
objective of increasing profits by, for instance, appointing sales managers, creating online"boutiques"and offering the option of becoming a"power seller
"•In the L†Orã al vs. ebay case93 the Paris Civil Court considered that ebay could offer
its clients various services on the same site without losing the right to benefit from a
liability exemption. However, only some of ebay†s activities are covered by the definition of hosting of Article 14 of the E-commerce Directive and eligible for the
liability exemption (for instance ebay's selection of"daily deals"could not be covered 91 Appeal Panel Decision of Civil Court of Rome, IP specialist section, 22.02.2010,
and Court of Rome 15.12.2009, Section IX, RG n. 54218/08, available at: http://www. scribd. com/doc/38060158/Ordinanza
-Tribunale-di-Roma-16-dicembre-2009-RTI-vs-Youtube 92 Paris Commercial Court, 30.06.2008; available at:
•In the ebay vs. Maceo case94, the Paris Civil Court considered that ebay†s activities
That ebay receives revenues related to sales carried out on its website was considered irrelevant in this context. In this case, it was
considered that ebay was not an editor as it could not be proven that ebay checks the
messages that users post on the site. The fact that ebay has designed the architecture and structure of its site and that it has developed systems for organising and ranking
the content on its site is not sufficient to conclude that it cannot benefit from the
hosting liability exemption •The UK High court in L'oreal vs. ebay95 considered, without any further reasoning
that ebay†s activities could not be covered by Article 14 of the ECD because its
activities would go far beyond the mere passive storage of information provided by third parties. EBAY actively organises
and participates in the processing and use of this information. The UK High court has decided not yet on the hosting status of ebay as
it requested guidance from the European Court of Justice (see the judgement referred to in Chapters 3. 4. 2. 2 and 3. 4. 3. 1
exercised some editorial control on parts of the website •The Paris Court of First Instance99 refused to recognise a content aggregator
displaying on its website links posted by third parties as a hosting provider because the owner had played an active role in how the links should be classified and presented
the site allowed the classification and structuring of certain information provided by users did not imply an editing activity.
to follow from the fact that the site did not offer a possibility to check the information
on certain websites referred to in users'posts National jurisprudence on file sharing services also diverges.
The first case concerned Google's paid referencing service,"Adwords, "and its liability for infringements of trademarks held by The french luxury group LVMH,
an economic operator to display advertising links to its site accompanied by a commercial message that appears on the right hand side of the screen
104 Joined cases C-236/08 to C-238/08, Google vs. LVMH, judgment of 23.03.2010; available at:
through Google's search engine. These advertisement links appear whenever a"keyword"that can be reserved by an economic operator corresponds to the word (s) entered as a request in
"Louis vuitton")and that Google had prevented not them from doing so. The french Cour de Cassation asked the ECJ
Google) could be held liable for this The ECJ in this case refers to recital 42 in the preamble of the Directive to conclude that an
In analysing the Google"Adwords"service, the ECJ notes that"with the help of software it
has developed, Google processes the data entered by advertisers and the resulting display of the ads is made under conditions which Google controls.
Thus, Google determines the order of display according to, inter alia, the remuneration paid by the advertisement"(paragraph
116). ) However, the ECJ considers that to examine Google's activity in the light of recital 42
"the role played by Google in the drafting of the commercial message which accompanies the advertisement link or in the establishment or selection of keywords is relevant"(paragraph
118, underlining added The second ruling from the ECJ on the liability exemption regime concerns ebay and L'Orã al
In its ruling of 12 july 2011 In case C-324/09 (see also Chapters 3. 4. 2. 1 and 3. 4. 3. 1) the ECJ
whether the selling platform ebay could be held liable for trademark infringements committed (and possibly to be committed) through its site.
In order to attract new customers to its website, ebay had bought keywords, including trademarks held by L'Orã al, from paid internet referencing services (such as Google's"Adwords".
"In parallel to this, L'Orã al had identified several infringements of its trademarks through/by the selling
platform ebay. The question posed to the ECJ was to what extent ebay could benefit from the
exemption of liability on account of"hosting "The ECJ first confirms that an online selling platform in principle offers an information
society service and therefore is covered by the E-commerce Directive. The ECJ argues that, in order to define
whether such a service is also an intermediary service in the sense of Article 14 of the Directive, one should
4 of Chapter II of that directive (see Google France and Google, paragraph 112 "Paragraphs 110-112
those data (Google France and Google, paragraphs 114 and 120".("Paragraph 113 "the mere fact that the operator of an online marketplace stores offers for sale on its
provided for by Directive 2000/31 (see, by analogy, Google France and Google, paragraph 116 Where, by contrast, the operator has provided assistance which entails, in particular
The ECJ suggested that Ebay would potentially in some instances not have such a neutral
"In some cases, ebay also provides assistance intended to optimise or promote certain offers for sale"(paragraph 114
instance, has a"general awareness"that its site hosts illegal information The first interpretation is defended commonly by civil organisations in defence of, in
their sites and that this constitutes actual knowledge. ISPS that advertise the possibility of downloading music and videos of the consumer's choice would for instance have this form of
political party by a third party was considered manifestly illegal because the website of the third party was almost identical to the website of the political party, but
contained hyperlinks to racist content, meaning it could tarnish the reputation of the political party if internet users confused the two websites. 105 Also,
defamation has been considered manifestly illegal in some instances. 106 By contrast, infringements relating to advertising
A host of a website containing hyperlinks leading to to child pornography was attributed knowledge of these illegal hyperlinks
Youtube LLC. 117 Some stakeholders, in particular intermediaries, therefore suggested that the Commission should propose a so-called"Good samaritan clause".
In case C-324/09, L'Orã al vs. ebay (see also Chapters 3. 4. 2. 1 and 3. 4. 2. 2) the referring court
whether ebay was aware of facts and circumstances from which the illegal activity was apparent:
whether ebay provides such assistance but it already indicated that"in some cases"(without further specification) ebay
does play such an active role. The ECJ does not elaborate explicitly on how a hosting service
Google case. The AG claims to"have some difficulties"with the conclusion of the Court
For instance, traffic management by internet providers (see Chapter 4. 3. 4 on net neutrality) could, according to some stakeholders, be interpreted as selecting or
123 See in particular Chapter 3. 4. 3. 1 on"actual knowledge"and the ebay vs L'Orã al case
133 The website www. chillingeffects. org, an initiative from several US law faculties and some NGOS, reports on
review of such decisions, the tracking of its source and identification of the web hosting provider and, in particular, the notification to the competent authorities.
Investigation to compile a black list containing child pornography websites, on the basis of which ISPS have to block access to those websites
•The Hungarian Act on certain aspects of e-commerce and information society services transposing the E-commerce Directive) provides for a notice-and-takedown for mere
forced to block access to copyright-infringing websites •The UK Terrorism act provides a specific procedure for terrorism-related
where there is a financial gain involved in the takedown (for instance phishing websites. A majority of the respondents to the consultation proposed a European notice-and-takedown
refuse to use the NTD procedure proposed by a particular site and provide information in a
University136 demonstrates that the average time before takedown of child pornography sites is much longer than the time before takedown of phishing sites
d) Liability for providing wrongful notices or for taking down or blocking legal content NTD procedures do not exclude a risk that wrongful notices are provided to intermediaries (in
video-sharing sites, argue that right holders should favour"monetisation"over takedown "Monetisation"involves receiving a share of advertisement revenues that can be attributed to
and includes also"blocking"of websites 47 procedures; the consequences of submitting wrong notices; the instruments for removing or
In the L'Orã al vs. ebay case138 the European Court of Justice accepts, in principle, the
138 Case C-324/09, L'Orã al v ebay, judgment of 12 july 2011, par. 141, available at
•In a case concerning Rolex, Ricardo and ebay, two online selling platforms, the Bundesgerichtshof142 (the German Federal Supreme court) considered that an
•In France, in a ruling of 13 may 2009 in a case concerning ebay and L'oreal, 143 the
Court refused to oblige ebay to implement filtering software for its"health and beauty section"to prevent infringements of L'Orã al's trademark.
filtering software was not necessary as ebay had made the required efforts to prevent trademark infringements, suggesting that to some extent there is an obligation of
Video hosting sites have, for instance, voluntarily and in cooperation with right holders, developed so-called fingerprinting techniques that identify the unique hash code
interoperability between these techniques for different video sharing sites would be a particular burden according to some right holders
especially for retail websites 145 See in particular the Commission Communication"A Digital Agenda for Europe",COM (2010) 245 of
Information is collected on an individual's web-browsing behavior, such as the pages they have visited or the searches they have made,
example, a user may often visit sport sites and thus be categorised in the"sports fan"segment.
Directive, makes illegal under Article 13 (4) all commercial e-mails advertising websites without disclosing the identity of the sender on
Cookies are hidden information exchanged between an internet user and a web server, and are stored in a file on the user's hard disc.
and in particular the transformation of the Internet from web 1. 0 to web 2. 0 have been
ticking a box when visiting an internet website"."The Commission services understand this in their guidance document as follows
specific website content may still be made conditional on the well-informed acceptance of cookies or similar device,
advertisement, coupled with a website providing the user with information about how to switch off behaviourally targeted display ads from the company that the user signed up to.
172 See the DG€ s website: http://ec. europa. eu/internal market/services/gambling en. htm 61
buying medicines online, with the result that they, often unconsciously, buy from illegal sites with all the attendant health risks
requirements and the creation of an obligatory"trust mark"("common logo")for websites legally offering medicinal products on the Internet.
necessary in this context, price comparison websites, restrictions on advertising, and unfair commercial practices should be tackled
4. 2. 1 Price comparison websites As outlined in the Staff Working Document"Bringing e-commerce benefits to consumers
In 2010, eight in ten online shoppers used a price comparison website to research their purchases,
comparison websites, only a low proportion of price comparison websites (17%)give customers the option of offers available from other Member States.
tested price comparison websites are available in more than one language179. As a result consumers often do not find out about cross-border offers
The performance of the tested price comparison websites was substandard in many aspects when it came to the provision of information.
Only one in two price comparison websites provided the full details of their business address. The situation with online retailers was
In 60%of tested price comparison websites, it was not clear whether retailers had to pay to
and most price comparison websites did not display the correct final price. Information provision on added costs was rather poor.
websites showed prices including VAT and other taxes, and delivery charges. Another worrying finding was that in more than half of trials,
service providers to create their own website in the hope that clients will find their business
and make a direct order online through their website. Second, online businesses such as newspapers, video sharing sites,
and commercial blogs offer content and services to consumers for free, earning revenue by selling advertising space on their sites to businesses
that intend to reach those customers. Third, online enterprises such as travel planning sites sell both advertising space and their (own) services directly to consumers
In all those business models, the use of search engines has become widespread. Customers rely increasingly on search engines to find their preferred product or service.
available on websites is fair and that it does not confuse consumers. In order to ensure that
•the web page www. isitfair. eu contains practical information for consumers on how to check if they have fallen victim to an unfair commercial practice,
provisions (websites selling airlines tickets, online mobile phone services, websites selling consumer electronic goods •on 3 december 2009 the Commission published detailed guidelines aiming to provide
and services by exploiting the global availability of their websites. However, most online traders still serve a very limited number of Member States.
confronted with refusals of online web shops to deliver if they are not residing in the same
most frequent cases concern web shops that either refuse to sell items or services to residents
It is not unusual that websites automatically route the consumer to another website which corresponds to their country of residence,
enabling the web shop to maintain different price policies based on national borders. Consumer transactions may also fail at the stage of revealing credit card details due to the address of the
owner. Complaints received by the Commission and the European Consumer Centres indicate that such practices exist for a wide range of services such as the sale of electronic goods
choose to have their country specific sites with a TLD of the country in question. Businesses
management"generally used by internet providers. A recent Commission consultation on net neutrality and the open Internet192, shows a consensus of opinion on the necessity of having a
however, also be misused by internet providers to prevent access to information society services, in particular when they are competing with the services of the
internet provider (such as telephony or television services. This can be done either by blocking certain services outright or by making it very unattractive to access them, usually by
services by mobile internet providers), but stresses that more exhaustive evidence is needed before policy conclusions can be drawn at the European level.
Similarly, on 20 november 2010 the Commission started investigations into Google following allegations of abuse of market dominance in the areas of online search, online
Commission probes allegations of antitrust violations by Google, IP/10/1624 30.1.2010, available at 77
within the application (instead of providing a link to a website where the commercial transaction is concluded),
and require quality standards for the use of an internet site to sell their products.
as they have to adapt their website to the legal requirements of every Member State they direct their activity to
when a website contains activities directed to consumers in other Member States (see Chapter 4. 7. 4
society services beyond retailing, for example, in the way sites can be referenced by search engines or how technologies can be slowed down or blocked.
and ADR schemes communicate during the whole procedure through a web-based system in order to resolve disputes.
The relevant forms were made not available on the premises or the websites of 41%of the courts visited.
the fact that the website of a business, on the basis of which a consumer entered into a
the address being provided on the hotel†s website which the consumer had viewed. The consumer found fault with the hotel†s services and left without
The European Court of Justice ruled that mere use of a website by a trader in order to engage
facilitate access to its site by consumers domiciled in those various Member States Nevertheless, other less obvious items of evidence,
Likewise, if the website permits consumers to use a language or a currency other than that generally used in the trader†s Member State, this can also constitute evidence
On the other hand, the mere mentioning on a website of the trader†s email address or geographical address,
whether it is apparent from the traders†websites and overall activity that they were envisaging
http://www. vvc. gov. lv/export/sites/default/LV/publikacijas/civillikums. pdf 5. Informä cijas sabiedrä bas pakalpojumu likums
website -subject-matter of injury and description of facts substantiating infringement -data necessary for identification of infringement
number, website protocol, or Unique infringement The ISP must be notified of the decision of the
-the law of 12 may 2010 contains in its Article 61 a basis for filtering of illegal gambling sites
-the decree of 20 june 2009 lays down the basis for a public website for reporting cybercrime (notably child abuse content, financial crime and racist content
In the L'Orã al vs. ebay case the European Court of Justice accepts, in principle, the compatibility of effective and proportio
4. 2. 1 Price comparison websites 4. 2. 2 Restrictions on advertising 4. 2. 3 Unfair commercial practices
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