E-commerce online services
On 11 January 2012, the European Commission adopted the Communication on e-commerce and other online services announced in the "Digital Agenda" and the "Single Market Act". Based on an in-depth public consultation, this Communication sets out the Commission's vision for the potential represented by online services in growth and employment, identifies the principal obstacles to the development of e-commerce and online services, and establishes 5 priorities, accompanied by an action plan.
The Commission will ensure that the European strategy for intellectual property rights is implemented rapidly and ambitiously, in particular by means of a legislative initiative on private copying (2013) and the review of the Directive on 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.
(...) p.13-15. Despite the guarantees offered by the Directive on electronic commerce to businesses which host or passively transmit illegal content, intermediary internet service providers struggle with the legal uncertainty linked to fragmentation within the European Union of the applicable rules and practices which are possible, required or expected of them when they are aware of illegal content on their websites. Such fragmentation discourages those who wish to conduct business online, and hinders its development.
Furthermore, the internet is used as a means of disseminating products and services which are counterfeit or pirated or violate intellectual property rights. Intellectual property rights must be defended in knowledge-based economies, and the European Union is fighting actively against counterfeiting and piracy.
In general it is still too rare for illegal activities to be effectively stopped and for illegal content to be removed or removed promptly enough. For instance, citizens are annoyed that it sometimes takes too long even to remove obviously criminal content such as child pornography, the presence of which on the internet is a very serious matter. This undermines the confidence of citizens and businesses in the internet, which in turn affects online services such as sales platforms. In parallel to this, citizens sometimes complain about the lack of transparency or about initiatives that are incorrect (such as the taking down of legal content) or disproportionate or which disregard the right of certain online service providers to be heard.
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