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Dáil Éireann díospóireacht -
Tuesday, 6 Feb 2001

Vol. 529 No. 4

Written Answers. - E-regulation Framework.

Enda Kenny

Ceist:

49 Mr. Kenny asked the Tánaiste and Minister for Enterprise, Trade and Employment the status of her Department's programme to formulate an e-regulation framework; and if she will make a statement on the matter. [2018/01]

E-business requires a clear and consistent regulatory framework that serves the interests of business, individuals, and intellectual property holders and prevents fraud. In addition, because of the transnational nature of the new technologies, the regulatory framework requires extensive co-operation at EU and international level, including through the OECD, the WTO and the UN.

Our approach is to regulate or to support regulation only where necessary and to keep the regulatory framework as straightforward as possible to avoid creating an overly complex or burdensome system that will hamper the development of the knowledge economy.

At national level, substantial progress has already been achieved through the enactment of the Electronic Commerce Act, 2000, which was brought forward by my colleague, the Minister for Public Enterprise, in collaboration with our Department, and the enactment of the Copyright and Related Rights Act, 2000.

At EU level, political agreement was reached in November last on the text of the draft Brussels regulation, which deals with the principles of jurisdiction in the case of cross-border disputes between private parties and aims to speed up further the recognition and enforcement of judgments in civil and commercial matters. Our Department, along with the Department of Justice, Equality and Law Reform, played a significant role in bringing the main issues affecting e-commerce, from both the perspective of the trader and the consumer, to the attention of other member states.

A substantial body of information society related legislation is in preparation in a range of Departments, including our own, covering issues such as electronic commerce, the protection of consumers in respect of distant contracts, data protection, telecommunications issues and digital television. Our Department is working closely with the other Departments concerned.

Work is ongoing at EU and international levels on further significant initiatives such as the draft directive on distant selling of financial services to consumers, the Rome convention on applicable law, the draft Hague Convention on Jurisdiction on Foreign Judgements and the draft Council of Europe Convention on Cybercrime. Our Department will work with the Department of Justice, Equality and Law Reform to ensure that the Rome, Hague and cybercrime instruments take account of requirements of business in the information society while also taking account of the interests of individuals.
The pace of change generated by the knowledge economy requires us to look at more flexible methods of regulation, including codes of practice. Our Department is currently involved in the preparation of codes of practice in relation to specific aspects of the knowledge economy, including unsolicited commercial communications and the harmful use of the Internet.
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