E-Commerce Services

Stampa

Legal services to make web based activities compliant with the legal framework on information society’s services

Besides specific and general legal assistance services offered by Tonucci & Partners Telecommunications, Media and Information Technology Department, users, upon fee payment, may directly select and receive on-line all principal the models and statements required under the normative applicable to on-line activities.

Web based activities are subject to specific normatives implying peculiar legal binds. As of 14 May 2003 , all web sites offering goods and/or services or simply free information must conform to the provisions set out in the Decree 9 April 2003 n. 70 (transposing the EU Directive 2000/31/EEC on "Electronic Commerce").

However, E-Commerce is not the only object of the Legislative Decree 70/2003 since the same provisions apply to all "information society related services" including web based activities even of a diversified nature (i.e.: simple on-line promotion-like presentation, provision of internet based information services, regardless of the presence or not of fees, etc.).

In addition, the Decree 70/2003 introduces for the first time in the Italian juridical framework a complete discipline on business-to-business (B2B) relations, applying also to business-to-consumer (B2C) relations (with this regard the discipline coordinates with already existing consumers protection norms, such as the Legislative Decree 206/2005 on consumers protection for distance contracts signed on the web).

Users can download a series of ready to use models relative to legal contents to be published on web sites (hereinafter "Information Society Service" or "E-Commerce Service" in a wide sense or simply "Service") in order to grant the conformity of the relative on-line activities to the legal bind set out in the sector's normative, to protect both users and web business operators, considering that the latter ones in case of violation, will be fined up to 10.000 Euros.

To keep up the task of conforming web sites to the sector's applicable normative, with reference either to obligatory information or to the proper web activity set up, the Information & Communication Technology Department's Attorneys have structured a series of standard models and statements ready to be used and already complying with the enforced normative including, the above mentioned example (i.e.: obligatory information according to the Legislative Decree 70/2003 and 206/2005, legal notes necessary for on-line contracts sign up, "anti-spamming" text messages to accompany unsolicited commercial e-mails; data protection related models for web sites which is a Service in coordination with the Data Protection and Privacy Law, etc.).

Some of the listed models are not obligatory under the enforced normative, however we recommend that web based activities operators set up higher protection levels either with reference to user accessible contents (i.e.: disclaimer copyright, legal notices, and on-line intellectual and industrial property protection regime as set out in the Legislative Decree 9 April 2003, n. 68 transposing the EU Directive 2001/29/EEC on Copyright protection in the Information Society) either in relation to the correct and legitimate user's web site navigation (i.e.: the web site General Condition of use model).

If further legal assistance not included in the Service is required to customize the models, the situation should be negotiated directly through the Information & Communication Technology Department.

Before using the Service, we kindly ask you to read carefully the Special Conditions of use for the E-Commerce Service and the instructions available on the first page of the Service request procedure.

For any further information please mail to: ict@tonucci.com.

Request E-Commerce Models

This service allows you to verify the conformity of your web site with the normative in force. CHECK YOUR SITE

Contact the Department

For further information, please contact the Department at ict@tonucci.com

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