Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')
Modified by
Regulation (EU) 2022/2065 of the European Parliament and of the Councilof 19 October 2022on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act)(Text with EEA relevance), 32022R2065, October 27, 2022
Directive 2000/31/EC of the European Parliament and of the Councilof 8 June 2000on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)CHAPTER IGENERAL PROVISIONSArticle 1Objective and scope1.This Directive seeks to contribute to the proper functioning of the internal market by ensuring the free movement of information society services between the Member States.2.This Directive approximates, to the extent necessary for the achievement of the objective set out in paragraph 1, certain national provisions on information society services relating to the internal market, the establishment of service providers, commercial communications, electronic contracts, the liability of intermediaries, codes of conduct, out-of-court dispute settlements, court actions and cooperation between Member States.3.This Directive complements Community law applicable to information society services without prejudice to the level of protection for, in particular, public health and consumer interests, as established by Community acts and national legislation implementing them in so far as this does not restrict the freedom to provide information society services.4.This Directive does not establish additional rules on private international law nor does it deal with the jurisdiction of Courts.5.This Directive shall not apply to:(a)the field of taxation;(b)questions relating to information society services covered by Directives 95/46/EC and 97/66/EC;(c)questions relating to agreements or practices governed by cartel law;(d)the following activities of information society services:the activities of notaries or equivalent professions to the extent that they involve a direct and specific connection with the exercise of public authority,the representation of a client and defence of his interests before the courts,gambling activities which involve wagering a stake with monetary value in games of chance, including lotteries and betting transactions.6.This Directive does not affect measures taken at Community or national level, in the respect of Community law, in order to promote cultural and linguistic diversity and to ensure the defence of pluralism.Article 2DefinitionsFor the purpose of this Directive, the following terms shall bear the following meanings:(a)"information society services"services within the meaning of Article 1(2) of Directive 98/34/EC as amended by Directive 98/48/EC;(b)"service provider"any natural or legal person providing an information society service;(c)"established service provider"a service provider who effectively pursues an economic activity using a fixed establishment for an indefinite period. The presence and use of the technical means and technologies required to provide the service do not, in themselves, constitute an establishment of the provider;(d)"recipient of the service"any natural or legal person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;(e)"consumer"any natural person who is acting for purposes which are outside his or her trade, business or profession;(f)"commercial communication"any form of communication designed to promote, directly or indirectly, the goods, services or image of a company, organisation or person pursuing a commercial, industrial or craft activity or exercising a regulated profession. The following do not in themselves constitute commercial communications:information allowing direct access to the activity of the company, organisation or person, in particular a domain name or an electronic-mail address,communications relating to the goods, services or image of the company, organisation or person compiled in an independent manner, particularly when this is without financial consideration;(g)"regulated profession"any profession within the meaning of either Article 1(d) of Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three-years' durationOJ L 19, 24.1.1989, p. 16. or of Article 1(f) of Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EECOJ L 209, 24.7.1992, p. 25. Directive as last amended by Commission Directive 97/38/EC (OJ L 184, 12.7.1997, p. 31).;(h)"coordinated field"requirements laid down in Member States' legal systems applicable to information society service providers or information society services, regardless of whether they are of a general nature or specifically designed for them.(i)The coordinated field concerns requirements with which the service provider has to comply in respect of:the taking up of the activity of an information society service, such as requirements concerning qualifications, authorisation or notification,the pursuit of the activity of an information society service, such as requirements concerning the behaviour of the service provider, requirements regarding the quality or content of the service including those applicable to advertising and contracts, or requirements concerning the liability of the service provider;(ii)The coordinated field does not cover requirements such as:requirements applicable to goods as such,requirements applicable to the delivery of goods,requirements applicable to services not provided by electronic means.Article 3Internal market1.Each Member State shall ensure that the information society services provided by a service provider established on its territory comply with the national provisions applicable in the Member State in question which fall within the coordinated field.2.Member States may not, for reasons falling within the coordinated field, restrict the freedom to provide information society services from another Member State.3.Paragraphs 1 and 2 shall not apply to the fields referred to in the Annex.4.Member States may take measures to derogate from paragraph 2 in respect of a given information society service if the following conditions are fulfilled:(a)the measures shall be:(i)necessary for one of the following reasons:public policy, in particular the prevention, investigation, detection and prosecution of criminal offences, including the protection of minors and the fight against any incitement to hatred on grounds of race, sex, religion or nationality, and violations of human dignity concerning individual persons,the protection of public health,public security, including the safeguarding of national security and defence,the protection of consumers, including investors;(ii)taken against a given information society service which prejudices the objectives referred to in point (i) or which presents a serious and grave risk of prejudice to those objectives;(iii)proportionate to those objectives;(b)before taking the measures in question and without prejudice to court proceedings, including preliminary proceedings and acts carried out in the framework of a criminal investigation, the Member State has:asked the Member State referred to in paragraph 1 to take measures and the latter did not take such measures, or they were inadequate,notified the Commission and the Member State referred to in paragraph 1 of its intention to take such measures.5.Member States may, in the case of urgency, derogate from the conditions stipulated in paragraph 4(b). Where this is the case, the measures shall be notified in the shortest possible time to the Commission and to the Member State referred to in paragraph 1, indicating the reasons for which the Member State considers that there is urgency.6.Without prejudice to the Member State's possibility of proceeding with the measures in question, the Commission shall examine the compatibility of the notified measures with Community law in the shortest possible time; where it comes to the conclusion that the measure is incompatible with Community law, the Commission shall ask the Member State in question to refrain from taking any proposed measures or urgently to put an end to the measures in question.