Digital commerce

There is no universally accepted definition of electronic commerce (or e-commerce). The Organisation for Economic Co-operation and Development (OECD) defines e-commerce as follows:

‘An e-commerce transaction is the sale or purchase of goods or services, conducted over computer networks by methods specifically designed for the purpose of receiving or placing of orders. The goods or services are ordered by those methods, but the payment and the ultimate delivery of the goods or services do not have to be conducted online. An e-commerce transaction can be between enterprises, households, individuals, governments, and other public or private organisations. To be included are orders made in web pages, extranet or electronic data interchange. The type is defined by the method of placing the order. To be excluded are orders made by telephone calls, facsimile or manually typed e-mail.’

In this subtopic we examine the most common legal issues associated with online commerce in the EU, the legal considerations which arise as a result of trading online and other specific issues which the digital era presents more generally for businesses operating online.

Tracking EU digital commerce developments

The EU has set itself

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Commission launches consultation to revise the EU Cybersecurity Act and strengthen the EU cybersecurity framework

The European Commission launched a call for evidence to support the preparation of a legislative proposal to revise the EU Cybersecurity Act. The initiative aims to strengthen EU cyber resilience, update the mandate of the EU Agency for Cybersecurity (ENISA) and improve the effectiveness of the European Cybersecurity Certification Framework. The Commission noted that the cybersecurity landscape has become significantly more complex and threat‑intensive since the Act’s adoption in 2019, while subsequent EU legislation has expanded ENISA’s tasks beyond its original mandate, creating the need to streamline, simplify and supplement the existing framework to ensure coherence, reduce administrative burdens and improve implementation for businesses and users. The initiative focuses on measures to support a secure and resilient Information and Communication Technology supply chain and the EU cybersecurity industrial base, addresses shortcomings in the certification framework such as slow adoption, unclear roles, limited agility and insufficient clarity on covered risks, including non‑technical factors, and considers alignment with newer instruments such as the Cyber Resilience Act. The Commission outlined policy options ranging from non‑legislative measures to targeted or comprehensive regulatory revision, stating that EU‑level action is required to prevent internal market fragmentation and to secure long‑term economic and social benefits through greater harmonisation, stronger cybersecurity and resilience, more efficient incident response and enhanced protection of fundamental rights, including personal data. The call for evidence will run until 20 June 2025.

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