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
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
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
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.
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
emerged that the legislators could not have foreseen, such as video-sharing sites, selling platforms, social networks and peer-2-peer services.
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
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
others90) that a video sharing site for videos uploaded by third parties cannot benefit 86 Crown Court, Gloucester, 06.02.2010, ref. no.
o Youtube provides a specific layout of the website and Youtube's logo is shown in rather big letters above the playing video
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
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
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
its clients various services on the same site without losing the right to benefit from a
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
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.
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
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".
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
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
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
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
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
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.
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
choose to have their country specific sites with a TLD of the country in question. Businesses
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.
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
4. 2. 1 Price comparison websites 4. 2. 2 Restrictions on advertising 4. 2. 3 Unfair commercial practices
of relevant knowledge sites, forcing firms to access external knowledge to support their value chain activities (Rothaermel and Hess, 2007) and, thus,
The European commission is not responsible for the external websites referred to in the present publication Disclaimer:
the most well-known crowd funding site, raises on average more than a $1 million a day for entre
on websites such as Kickstarter is correlated well to the amount of contacts one has on social media
a social networking site, or be an admixture of both There must be a leader who is much like a theat
300 sites. It is imperative for the Living Labs to cre -ate attractive innovation ecosystems following the
If Internet 1. 0 was static websites and Internet 2. 0 was all about the first social sites designed
for interaction, Internet 3. 0 is now about the mobile platforms and apps that are driving more
1) Europe 2020, Economic Governance, website: http //ec. europa. eu/europe2020 2) http://ec. europa. eu/europe2020/index en. htm
website is: http://www. fi-ppp. eu 2) FI-WARE website: www. fi-ware. eu;
FI-Lab: http://lab fi-ware. eu. See also: https://www. fi-xifi. eu/fi-ops. html
Finance Ministry†s website. This transparency orien -tation has been strengthened by the stipulation of a national transparency law in June 2009.
In the past, we have defined rarely sites in a way that would permit joint exploration of organ
multiple distributed sites that are both collectively and individually adjustable. Further, the dynamic achievement of a functioning energy, communica
A website (www. agenda2020. org br) was created with an online public forum and open access to every presentation or discussion topic from
/sites/bigbangdisruption/2014/01/10 /the-five-most-disruptive-innovations-at-ces-2014 /3) http://www. eolane. com
website and websites of the incubators and their ecosystem actors, social media networks blogs, specialised discussion forums, technology
news sites and through targeted advertising e g. Facebook and Google ads •Public platforms: relevant European Commis
sites •Indirect: communicating through the respective networks of Openeyifâ¢implementers, such as EYIF€ s Regional Innovation Hubs
The site attracted 400 000 unique visitors (equal to the number of tax preparers in the United states
different websites to see which site will increase sales, all in real life and with real customers.
site and blogs where recipes could be added and where people could learn inspirational ways to fry
site and blogs where recipes could be added and where people could learn inspirational ways to fry
-ties were important sites for applied, as well as basic, research in hardware and software and contributed to the development of new hard
elsewhere, universities served as sites for the dissemination and diffusion of innovation throughout the industry
published on the INNO-Grips website Acknowledgements We would like to thank the experts who reviewed the exposã and interim draft of this Policy Brief:
Website informing entrepreneurs about where to seek finance for certain stages in the life of an enterprise in a certain region may be helpful when all pieces
for example for operating the website and search tool, for promotional and informational local events as well as for advisory services e g. about EU
Websites (English versions to ease readers†follow-up †Korean versions were used for this case study ï Korea Credit Guarantee Fund (KODIT:
Websites ï Agency for Science, Technology and Research (A*STAR: http://www. a-star. edu. sg
Websites ï Ontario programs: http://www. ovcf. com /ï Quebec programs: http://www. newswire. ca/en/releases/archive/March2010/03/c6611. html
Websites ï Ministry of Industry, Trade and Labor (MOIT), http://www. moit. gov. il ï Office of the Chief Scientist (OCS), http://www. moit. gov. il/Cmstamat/Rsrc/Madaanenglish/Madaanenglish. html
Available at http://www. proinno-europe. eu/sites/default/files/IG-WS2 HIGH -growth smes summary v1. 0. pdf
-europe. eu/sites/default/files/newsroom/2010/12/Innogripsii report barriers. to . internationalisation. a nd . growth 0. pdf Shane, Scott (2009:
Websites Allan Martel Consulting: http://www. allanmartelconsulting. com, last accessed May 2011 Autorola: http://www. autorola. co. uk, last accessed May 2011
Country Name of activity, organisation Objectives and main characteristics Website Focus level EU Denmark Accelerace
sites/accelerace/engli sh /**Estonia Arengufond â€oethe Development Fund performs risk capital investments into the starting and growth-oriented technology com
published on the INNO-Grips website Acknowledgements We would like to thank the experts who reviewed the exposã and interim draft of this Policy Brief:
Website informing entrepreneurs about where to seek finance for certain stages in the life of an enterprise in a certain region may be helpful when all pieces
for example for operating the website and search tool, for promotional and informational local events as well as for advisory services e g. about EU
Websites (English versions to ease readers†follow-up †Korean versions were used for this case study ï Korea Credit Guarantee Fund (KODIT:
Websites ï Agency for Science, Technology and Research (A*STAR: http://www. a-star. edu. sg
Websites ï Ontario programs: http://www. ovcf. com /ï Quebec programs: http://www. newswire. ca/en/releases/archive/March2010/03/c6611. html
Websites ï Ministry of Industry, Trade and Labor (MOIT), http://www. moit. gov. il ï Office of the Chief Scientist (OCS), http://www. moit. gov. il/Cmstamat/Rsrc/Madaanenglish/Madaanenglish. html
Available at http://www. proinno-europe. eu/sites/default/files/IG-WS2 HIGH -growth smes summary v1. 0. pdf
-europe. eu/sites/default/files/newsroom/2010/12/Innogripsii report barriers. to . internationalisation. a nd . growth 0. pdf Shane, Scott (2009:
Websites Allan Martel Consulting: http://www. allanmartelconsulting. com, last accessed May 2011 Autorola: http://www. autorola. co. uk, last accessed May 2011
Country Name of activity, organisation Objectives and main characteristics Website Focus level EU Denmark Accelerace
sites/accelerace/engli sh /**Estonia Arengufond â€oethe Development Fund performs risk capital investments into the starting and growth-oriented technology com
''Website-www. lipse. org ''For-more-information-about-Workdpackage-5-Prof.''Greta'Nasi'(Bocconi'University)' greta. nasi@unibocconi. it
Archaeological Site †††Cultural Assets 3 Cultural Assets Problems •Conservation •Restoration
Creativity website http://cordis. europa. eu/fp7/ict/creativity/creativity en. html Digital Agenda for Europe
monuments and archaeological sites (hereinafter †cultural materialâ€) is one of the key areas tackled by the Digital Agenda
underrepresented, will make the site more interesting for the users, and should therefore be encouraged. The overall target of 30 million objects by 2015 is in line
Member States) through Europeana will enrich the content of the site, in line with the expectations of the users.
audiovisual material, monuments and archaeological sites (hereinafter †cultural materialâ€) by a) setting clear quantitative targets for the digitisation of cultural material, in line
institutions contributing content to the site Digital preservation 8. reinforce national strategies for the long-term preservation of digital material, update
the Natura 2000 sites in compliance with the requirements of Article 6 of the Habitats Directive by carrying out
servicing programmes, the acquisition of key sites that unlock potential for backland development and comple
•A portal website www. southtipperary. ie promoting industry and living in South Tipperary •Postgraduate Research Centre established in TI Clonmel campus
•Holmestown Landfill & Civic Amenity Site •New Ross Civic Amenity Site •Enniscorthy Civic Amenity Site
•New Ross Sewerage Scheme •Rosslare Harbour Sewerage Scheme •Gorey Regional Water supply Pipeline Scheme
•Enniscorthy (Clonhaston) Sewerage Scheme •Taghmon Water supply Scheme •Coolgreaney Sewerage Scheme •Wexford WWTP extension 30k pe-45k pe
A significant number of archaeological sites and monuments have been added to the Record of Monuments and Places as a result of extensive excavations from roads programmes in the Southeast since
The Southeast contains over 150 sites of geological heritage interest which may be proposed either for NHA or County Geological Site designation
The region contains a fine stock of architectural heritage including many large country houses and their associated
demesne landscapes, ecclesiastical sites and other sites of industrial and vernacular heritage. Each local author
-servation of built heritage, protection of archaeological sites and monuments and promotion and enhancement of
access to these sites 2. 3 Planning and Provision of Physical and Social Infrastructure 2. 3. 1 Transportation
which will bring together academic research and business on the one site The Regional Authority will seek to develop the range of third and fourth-level educational options available in the
sites for multiple use by local communities, including further education, childcare, sports and recreation facilities
In the city centre a number of key opportunity sites have been identified in the Waterford City
A 163 ha. site under the ownership of Waterford Institute of Technology, IDA Ireland and the Private Sector.
industrial development site, taking advantage of the port†s strategic location These sites are supported by other strategic sites within the PLUTS Study area at Tramore, Kilmeaden and
Carrick-on-Suir Regional Planning Guidelines for the Southeast Region 2010-2022 Section 3: Regional Development Strategy
2. Realise opportunities using, for example, the Derelict Sites Act and acquisition of key sites 3. Where sufficient development opportunities within the urban area are not available,
provision of appropriate services and sites. This would help to reduce the pressure for urban related development
Measures such as the provision of appropriate services and development sites in smaller villages would help to ensure the long-term sustainability of rural areas
sites to the new industry. Targeted investment in the development of Strategic Employment Locations at the
targeted urban regeneration of key sites business incubation/start up space/units throughout the region to support new businesses
The identification of strategic employment sites Urban regeneration and development of the city quays, including new links from the city centre to the
becoming involved in site acquisition and assembly where the private sector is unwilling or unable to unlock the potential of key development lands in an environmentally sustainable
utilising to the full the provisions of the Derelict Sites legislation The retail sector contributes significantly to the growth in employment and to the economic growth of the
The Southeast is rich in prehistoric field monuments, early Christian sites and historic houses and estates.
indigenous companies as demonstration sites on itineraries for prospective overseas investors. Action at a regional level
HEIS and research institutes to provide information on their websites from the perspective of the
-tain, European Sites should be subject to Habitats Directive Assessments being carried out Natural resources In addition, the creation of opportunities for the establishment of enterprises based on the processing of
Development Plans should support the multiple use of educational sites for further education, community and recreation uses
-Identity a range of suitable sites on which the demand for development might best be met, with
the region. where cycle links are proposed adjacent to designated Natura 2000 sites, Appropriate Assessment Screening will be required in accordance with Article 6 of the Habitats Directive
or new industrial sites located adjacent to railway lines or where rail upgrade works are proposed, provision should be made for rail freight facilities including
engineering practice and appropriate site restoration Transfer of freight from road to rail through increased use of freight sidings (or creation of new
sites for the further development of the ports. All such projects and Local Area Plans will be required to
or where new industrial sites are being located adjacent to railway lines or where rail upgrade works are proposed,
and reserve key strategic sites for the further development of the ports Requirements Emerging from SEA/HDA (Transport
-tats Directive including the carrying out of an assessment of the implications for any Natura 2000 site that
While all Natura 2000 sites are of key importance, a number have particular importance as they contain species that are of particular relevance as indicators of environ
and ensure the protection of Natura 2000 sites 6. 2. 6. 3 Micro-Renewable Energy Technology
negative impact on a European Site •The impact of the development on the landscape has been given due consideration in accordance with
Sites for new schools should be reserved as close as possible to community facilities and, where appropriate, the identification of multi-school
The size of sites to be reserved for new schools will be dependent on the level of education and on the population to be served
Sites for new schools should be reserved as close as possible to community facilities and where appropriate, the identification of multi-school campus locations should be considered.
size of sites to be reserved for new schools will be dependent on the level of education and on the population to be served
Sites for new leisure facilities should be reserved as close as possible to community facilitates and, where ap
the provision of sites and facilities The development of cultural facilities such as museums exhibition spaces, workshops and theatres has been sup
integrated into any development proposals involving these sites Proposals for environmental enhancement in towns and villages and in rural areas
The natural environment refers to landscape, water resources, biodiversity, designated sites of nature conservation interest, protected species (flora and fauna), soils, geological heritage and forestry
-Protect natural heritage sites designated or proposed for designation in National and European legislation, and in other relevant International Conventions, Agreements and
Ramsar sites, Special Protection Areas, Special Areas of Conservation Natural Heritage Areas, statutory nature reserves
that developments affecting Natura 2000 sites are assessed in compliance with Article 6 of the Habitats Directive
geological and geomorphological systems, sites and features -Implement the actions as set out in the National Biodiversity Plan and Ireland†s Strategy for
-Identify and protect sites of local biodiversity interest that act as ecological corridors linking sites of conservation importance
-Adopt and implement Biodiversity Action Plans at local level -Initiate local campaigns for biodiversity promotion such as native tree planting schemes
-Protect geological sites of national and international interest 8. 2. 4 wetlands and watercourses Wetlands are areas of marsh, fen, peatland or water,
may be designated sites under the Birds and Habitats Directives and the Wildlife Act, 2000, and may provide
-ments, ecclesiastical sites, tower houses and castles Regional Planning Guidelines for the Southeast Region 2010-2022
-Preserve and protect all protected archaeological sites and monuments and their settings to a degree appropriate to the need to safeguard their historic integrity
-Take cognisance of the fact that many other sites may remain beneath the surface (or underwater
and public awareness of, archaeological sites and National monuments 8. 4 Linguistic Heritage & Promotion of An Ghaeltacht
Amenity developments in European Sites should be subject to Appropriate Assessment to determine their impacts on SACS and SPAS
whether these Guidelines will impact on Natura 2000 sites Special Areas of Conservation and Special Protection Areas) in the Southeast Region and to ascertain whether
there will be adverse impacts on the integrity of these sites. An Appropriate Assessment Screening report has been
-tailed route/site selection and options, it is considered that an Appropriate Assessment should take place at each
conservation objectives) of the Natura 2000 site and that the requirements of Articles 6 (3) and (4) of the EU Habi
Avoid any negative impacts on Natura 2000 sites by identifying possible impacts early in the plan/project
adverse impacts on the sites If the proposal is still likely to result in adverse effects,
-nomic strategies it is critical to the protection of Natura 2000 sites that development takes place in tandem with the
-nificant adverse impacts on the integrity of Natura 2000 sites and that the requirements of Articles 6 (3) and
approach and be in the lowest risk sites appropriate for the development, and should include adequate provi
sites to the new industry. Targeted investment in the development of Strategic Employment Locations at the
B. Investment in key strategic sites in and the public realm of town and city centres
dir@sera. ie Website: www. sera. ie
Overtext Web Module V3.0 Alpha
Copyright Semantic-Knowledge, 1994-2011