Πάντειο Πανεπιστήμιο Κοινωνικών και Πολιτικών Επιστημών
Millions of people every day use the Internet to communicate, buy and/or sell products and services, entertain themselves or make financial transactions. Thanks to the rapid evolution of technology, the “world wide web” is being used to an increasing extent for commercial purposes including the making of contracts for the supply of goods and services. The internet users can find whatever they can dream of and wish for at a very low cost by easily typing a vendor’s website. However, due to the world-wide nature of internet’s operation, many legal issues arise that can be categorized as follows: i) when and how an internet contract can be considered binding for both parties (vendor and user/client), ii) what are the user’s rights and obligations and how these rights are exercised when the transaction is not fulfilled as agreed or expected by the parties, iii) in case of default and breach of internet contract which is the applicable law and jurisdiction, iv) if the user acts as a consumer are there any special provisions that govern the contract and v) is there a protective regime for the user’s personal data that are inserted when a contract is made via internet means. All above legal issues/concerns must be strictly regulated if we want to have safe and secured internet transactions on the one side and satisfied users/consumers on the other side. This paper aims to present in the most precise and concise way the regime that applies today both in European Union and Greece when it comes to making a contract via internet especially when supplier and customer are located in different legal jurisdictions without having the ability to meet one another. In view of the above, the main legal acts that apply in European Union and Greece are (the list is indicative) as follows: Directive 2000/31/EC regarding ecommerce (introduced in Greek legal system by decree no 131/2003), Directive 99/93/EC regarding electronic signatures (introduced in Greek legal system by decree no 150/2001), Greek Law 2251/1994 for matters of consumers’ protection, Greek Law 2472/1997 for protection of personal data from unauthorized processing, Regulation 44/2001 for matters of international jurisdiction as well as Regulations 593/2008 and 864/2007 for matters of applicable law in contract and tort respectively. All aforementioned acts are combined in a way not to provide solution to every legal issue that might arise but to create a minimum level of protection applicable to all member-states of European Union. The aim is to create a legal framework where each member-state can independently reform its legislation regime and retain at the same time the minimum level of protection that the European Union requires.
Διπλωματική εργασία - Πάντειο Πανεπιστήμιο. Γενικό Τμήμα Δικαίου, ΠΜΣ "Δίκαιο και Ευρωπαϊκή Ενοποίηση", κατεύθυνση Ιδιωτικό Δίκαιο, 2010