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European Multi-channel and Online Trade Association

EMOTA

EMOTA represents e-traders and distance sellers at European level, through its national member associations.

Lobbying Activity

Meeting with Alina-Stefania Ujupan (Cabinet of Commissioner Mariya Gabriel)

5 Feb 2018 · eCommerce

Response to A New Deal for Consumers – revision of the Injunctions Directive

28 Nov 2017

EMOTA does not support the inclusion of a collective redress mechanism in the revision of the Injunctions Directive. EMOTA considers that alternative dispute resolution mechanisms are more efficient, faster and less expensive than court actions EMOTA does not consider that sufficient evidence has been presented regarding the benefits of a court based collective redress mechanism at the EU level The concerns of many stakeholders and policy makers about impartiality, real redress beneficiaries, forum shopping and high costs remain unaddressed and constitute important risks Punitive actions and redress actions are two different concepts and should be kept separate. Punitive actions can create incentives for abusive or disproportionate court actions There are many diverse legal concepts that should be addressed beforehand (compensation, damages, etc.). Experience showed that in past attempts this has been nearly impossible due to challenges raised by subsidiarity, different legal cultures, existing redress mechanisms, etc. EMOTA fears that an EU-wide collective redress mechanism would lead to significant loses in consumer and business confidence due to the lack of legal certainty that such a system would generate. Based on other national experiences, it is very difficult to implement the necessary safeguards to limit abusive claims. Furthermore, many aspects in distance selling remain national, thus potentially increasing even more the complexity in such cases. Legitimate traders have a strong interest to solve any claims at the earliest stage and avoid negative perceptions where possible. On the other hand, rogue traders would continue the fraudulent behaviour regardless of what claims are logged against them. The EU Commission, consumer bodies and industry representatives have a strong interest to cooperate to ensure that all relevant stakeholders are aware of the various redress mechanisms and benefit from access to the necessary information in order to protect their rights. EMOTA calls on the EU Commission not to ignore the following major challenges: Lack of a harmonized set of judicial systems and a great diversity in legal cultures Lack of real safeguards against forum shopping and commercial/abusive claims/actions (e.g. prevent access to the damages to the representatives, actions could be launched by public officials or recognised consumer and enforcement bodies) Possibility for third parties to finance court actions, via opt-out mechanisms Decrease in confidence for businesses due to possible punitive actions, especially in smaller traders You can find the EMOTA position here: https://docs.wixstatic.com/ugd/b18286_fbddd8f0e67e4455aafb0069e735879d.pdf
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Meeting with Eric Peters (Cabinet of Commissioner Mariya Gabriel)

17 Nov 2017 · eCommerce

Meeting with Laure Chapuis-Kombos (Cabinet of Vice-President Andrus Ansip)

19 Jul 2017 · GDPR and ePrivacy Regulation

Meeting with Kamila Kloc (Cabinet of Vice-President Andrus Ansip)

17 May 2016 · e-commerce package, geo-blocking

Meeting with Stig Joergen Gren (Cabinet of Vice-President Andrus Ansip), Vivian Loonela (Cabinet of Vice-President Andrus Ansip)

4 Mar 2016 · Geoblocking

Meeting with Kaius Kristian Hedberg (Cabinet of Commissioner Elżbieta Bieńkowska)

2 Mar 2016 · e-Commerce and geoblocking

Meeting with Renate Nikolay (Cabinet of Commissioner Věra Jourová), Simona Constantin (Cabinet of Commissioner Věra Jourová) and

27 Nov 2015 · Digital Single Market: digital contracts proposal

Meeting with Jasmin Battista (Cabinet of Vice-President Andrus Ansip), Juhan Lepassaar (Cabinet of Vice-President Andrus Ansip) and

24 Nov 2015 · Digital contracts

Meeting with Jasmin Battista (Cabinet of Vice-President Andrus Ansip)

25 Jun 2015 · E-commerce