Electronic Commerce: Problematic Aspects of Harmonisation of Lithuanian Law with the EU Law
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Abstract
The author of this article examines whether Lithuanian legislator has duly implemented the EU Directive on Electronic Commerce. Since 1998 the Commission has proposed many instruments to induce the new possibilities of e-commerce. Alas for some time these possibilities have been boosted to the extent of so called “electronic euphory”. Recently more rationality was introduced in the issue. Businesses, state officials as well as lawyers are presenting more close reaching IT ideas. Today e-commerce is one the priorities of Lithuanian market. To this end it is important to regulate the new relations in cyberspace.
The first part of the article deals with general problematic aspects related to legal regulation of electronic commerce. The second part of the article briefly presents the EU policy on electronic commerce, mainly considering the subject and the aims of the Directive on Electronic Commerce. The review of Lithuanian legal regulation of electronic commerce is presented in the third part. The fourth part deals with the special by-law of the Republic of Lithuania – the Regulation on Electronic Commerce, adopted by the Minister of Economics. This Regulation is critically observed in respect to its formal aspects and content. It is stated that Republic of Lithuania formally transferred the EU Directive on Electronic Commerce but it failed to implement properly the obligations set out in the Directive.
Lithuania should adopt the special law on e-commerce and make not only formal but also the real steps in order to implement the EU Directive on Electronic Commerce. It is important to observe the principles of legality and legal expectations while defining the e-commerce rules which should be qualified as new common legal norms.
The first part of the article deals with general problematic aspects related to legal regulation of electronic commerce. The second part of the article briefly presents the EU policy on electronic commerce, mainly considering the subject and the aims of the Directive on Electronic Commerce. The review of Lithuanian legal regulation of electronic commerce is presented in the third part. The fourth part deals with the special by-law of the Republic of Lithuania – the Regulation on Electronic Commerce, adopted by the Minister of Economics. This Regulation is critically observed in respect to its formal aspects and content. It is stated that Republic of Lithuania formally transferred the EU Directive on Electronic Commerce but it failed to implement properly the obligations set out in the Directive.
Lithuania should adopt the special law on e-commerce and make not only formal but also the real steps in order to implement the EU Directive on Electronic Commerce. It is important to observe the principles of legality and legal expectations while defining the e-commerce rules which should be qualified as new common legal norms.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
