Council Resolution of 19 January 1999 on the Consumer Dimension of the Information Society
28. 1. 1999 EN Official Journal of the European Communities C 23/1 I (Information) COUNCIL COUNCIL RESOLUTION of 19 January 1999 on the Consumer Dimension of the Information Society (1999/C 23/01) THE COUNCIL OF THE EUROPEAN UNION, (4) Whereas consumers are particularly concerned by Having regard to the Council conclusions of 19 May 1998Ø(˛), regard Having the Commission concerning priorities for consumer policy 1996 to 1998, the Communication from to Having regard to the OECD Ministerial Declaration on Consumer Protection the context of Electronic CommerceØ(ˇ), in for (1) Whereas the continuing development of new techÜ storage of nologies information organisational, commercial, technical and legal innovations that are having a profound impact on society in general; transmission and leading the is to (2) Whereas the new communications technologies will have a substantial impact on the daily lives of all citizens whether they take an active, or a passive, approach to these developments; (3) Whereas the new information and communications technologies and the associated development of the information society offer many potential advantages to consumers but also create new commercial situations which are unfamiliar to them and where their interests may be put at risk; (˛) Conclusions adopted by the Telecommunications Council on 19 May 1998 and endorsed by the Ecofin Council on 5 June 1998. (ˇ) Made by OECD Ministers on 8 October 1998 at the Ottawa Ministerial Conference on a "Borderless world: realising the potential of global electronic commerce’. the issues related to: (a) accessibility and affordability; (b) consumer friendliness of and applications and the skills necessary to use them; equipment (c) transparency including the quantity and quality of information; (d) fair marketing practices, offers and contract terms; (e) protection of children against unsuitable content; (f) security of payment systems, tronic signature; including elecÜ (g) which legal rules are applicable to consumer transactions in the new environment as regards both the choice of law and practicability of existing provisions; (h) the apportionment of responsibility and liability; (i) privacy and the protection of personal data; (j) access to efficient systems of redress and dispute resolution; (k) information technology as a tool for information and education; (5) Whereas the establishment of consumer confidence and consumer a prerequisite acceptance of, and participation in, the information society; trust are for trust (6) Whereas a necessary condition for establishing such confidence and the provision of an is equivalent level of protection regarding the new technologies as is available in traditional consumer transactions by the application of existing principles the new products and of consumer policy to C 23/2 EN Official Journal of the European Communities 28. 1. 1999 services available especially: in the information society, (a) transparency and the right to receive sufficient and reliable information before and, where appropriate, after the transaction including, in identity of the particular, the authenticated information supplier and necessary to prove the authenticity of each element of a transaction; the provision of (b) non discrimination in the access to products and services and consideration of the needs of vulnerable consumers; (c) the protection of consumers from unsolicited, misleading and unfair marketing practices, including advertising, and the support for the provision of reliable means the consumer to filter the content in communiÜ cation systems; to enable (d) the protection of a consumer’s economic interests taking account of a fair distribution of risk and liability that reflects in particular the responsibility of the supplier in choosing elecÜ in including, tronic means of the the conditions necessary for particular, consumer to take well considered decisions; trading and (e) the protection of a consumer’s health, safety and privacy, including protection against the misuse of personal information; (f) information and education of consumers to enable them to develop the appropriate skills; (g) consultation of consumers when developing new policies or regulatory mechanisms; (8) Whereas existing relevant Community legislation and national implementing laws are applicable to consumer transactions in the new environment of the information society; (9) Whereas in particular Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contractsØ(˛) already provides, inter alia, for protection in the area of electronic commerce; should, within information the (10) Whereas, in the case of transborder transactions technology, effected by means of consumers framework of Community law and of the Brussels and Rome Conventions, be able to benefit from the protection afforded by the legislation of their country of habitual residence and to have easy access to their redress procedures, the country of habitual residence; noting Commission has proposed a Directive concerning financial the distance marketing of consumer is giving indicated services, and has consideration for to other possible harmonising legislation in this area; in particular within initiatives that that it (11) Whereas Community policy in this domain should take due account of the multi lingual and multiÜ cultural nature of the Community; (12) Whereas there is an important role for consumer organisations and appropriate public bodies to play in the protection of consumer interests in the new the provision of environment as well as in particular information services and content, through coordinated action; whereas companies can also play an in particular, codes of conduct; important role through, in (h) representation interests relevant monitoring and supervisory bodies; consumers of in (13) Whereas the Community should play an active role at international level to ensure that its accepted standards of consumer protection are secured when developing the global information society, I. INVITES THE COMMISSION: (7) Whereas the Council is of the opinion that, at the level of the European Community, the principal means of ensuring that the interests of consumers are fully taken into account in the information consumer society must be dimension and, in particular, the above mentioned principles of consumer policy, into all relevant Community policy initiatives; integrate the to 1. to examine existing Community consumer related legislation in the new circumstances arising from identify possible the information society, to (˛) OJ L 144, 4. 6. 1997, p. 19. 28. 1. 1999 EN Official Journal of the European Communities C 23/3 in this loopholes legislation concerning specific problems in the context of the information society and to identify possible areas where additional regulatory action may be necessary; 2. to take all necessary steps to ensure that consumer interests are given full consideration in any current and the future policy proposals concerning information society presented by the Commission; 3. to take all possible steps in conformity with Community law and with the Community’s interÜ national obligations to ensure that consumers can rely on the relevant rights already provided by the Brussels and Rome Conventions, inter alia, those concerning the applicability of the legislation of the country of residence and concerning easy access to national jurisdiction, and, where approÜ priate, to strengthen those rights; 4. to encourage consumer organisations to develop the use of the new technologies as a means of extending their services to consumers, and to examine the possibilities of developing common action in this domain; 5. to submit a report to the European Parliament and the Council on the actions taken to meet the above objectives, accompanied, if necessary, by proposals for relevant action. II. HEREBY AGREES: 1. to prepare common or coordinated positions of Member States with regard to discussions and negotiations on information society issues taking place within in particular the development of OECD guidelines on consumer protection in the context of elecÜ tronic commerce, drawing on the guidelines set out in this Resolution; international forums, and 2. to reexamine on a regular basis the development of the role of the consumers and of the risks and information them opportunities society. facing the in