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Austria |
Belgium |
Czech Republic |
Denmark |
France |
Germany |
Greece |
Hungary |
Ireland |
Italy |
Netherlands |
Poland |
Spain |
Sweden |
United Kingdom |
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| Copyright: |
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| Directive 2001/29 dated May 22,
2001. |
Implemented? |
No, expected 2003 |
Yes |
No |
Yes |
No |
Yes |
Yes, through Law 2121/1993 |
No |
No |
Yes |
Yes, implemented through Law
by Decree 28482, effective from March 21st, 2003 |
No |
No |
No |
No |
| Databases : |
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| directive 96/9 dated March 11,
1996. |
Implemented? |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes, Law 2121/1993 art. 3, 45A |
Yes |
Yes, as part of the copyright
and Related Rights Act, 2000 |
Yes |
Yes, implemented through Law
by Decree 303, effective from July 21st, 1999 |
Yes, by the act on protection
of databases, dated July 27, 2001. |
Yes, by the Legal Protection
of databases Act 5/1998 dated 01.01.98 |
Yes |
Yes |
| Personal Data: |
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| - directive 95/46 dated October 24, 1995 |
Implemented? |
Yes |
Yes |
Yes |
Yes |
No |
Yes |
Yes - Law 2472/1997 |
Yes |
Yes as part of the Data Protection (Amendment)
Act, 2002 |
Yes |
Yes, implemented through Law by Decree 302
and effective from September 1st, 2001 |
No |
Yes, by the Data Protection Act 15/99 dated
13.12.1999 as well as Act 13/1995 and Royal Decree 428/1993
regarding Spanish Data Protection Agency. |
Yes |
Yes |
| - directive 2002/58 dated July 12, 2002 on
processing of personal data and the protection of privacy
in the electronic communications sector. |
Implemented? |
No |
No |
No |
Yes |
No |
No |
No |
No |
No |
No |
No, a Bill was sent by the government to
the council of state for advice. Implementation of the
Bill in Dutch Law is expected within one month from now. |
Yes, by the act on provision of services
by electronic communication sector dated July 18, 2002. |
No |
Yes |
No |
| e-commerce : |
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| directive 2000/31 dated June 8, 2000. |
Implemented? |
Yes |
Yes |
No |
Yes |
No |
Yes |
No |
Yes |
Yes, by Statutory Instrument Number 68 of
2003 |
Yes |
Yes, accepted through Law by Decree 26861,
effective from February 1st, 2001 |
Yes, by the act on provision of services
by electronic communication sector dated July 18, 2002. |
Yes, by Supply of services by information
and electronic commerce societies Act 34/2002, dated 11.07.2002.
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Yes |
Yes |
| Distance contracts : |
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| - directive 97/7 dated May 20, 1997 |
Implemented? |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes, Ministerial decision ?1-496/2000 amending
Law 2251/1994 (For the protection of consumers).
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Yes |
Yes by Statutory Instrument Number 207 of
2003 |
Yes |
Yes, by the same law and these rules are
implemented in the civil code under article 7:46a - 46j. |
Yes |
Yes, by Act 47/2002 which modifies Retailer
Act 7/1996 dated 15.01.1996. |
Yes |
Yes |
| - directive 2002/65 dated September 23, 2002
on distance financial services. |
Implemented? |
No |
No |
No |
No |
No |
No |
No |
No |
No |
No |
No |
Yes on 9/23/02 |
No |
No |
No |
| Computer hardware: |
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| directive 2002/96 dated 27 January 2003 on
waste electrical and electronic equipment (WEEE) requiring
in particular the recycling of ink cartridges for printers. |
Implemented? |
No |
No |
No |
No |
No |
No |
No |
No |
No |
No |
No |
No |
No |
No |
No |
| Comparative advertising : |
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| directive 97/55 dated October 6, 1997 amending
Directive 84/450/EEC concerning misleading advertising
so as to include comparative advertising. |
Implemented? |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes, Ministerial decision ?1-496/2000 amending
Law 2251/1994 (For the protection of consumers).
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Yes |
Yes - the Attorney General's office in consultation
with the EU felt this was already dealt with by the Consumer
Information Act, 1978 and accordingly no new legislation
was necessary to implement it. |
Yes |
Yes, implemented through Law by Decree 187,
effective from March 12th, 2002 |
Yes |
Yes, by Act 39/2002 dated 28.10.2002 which
modifies the General Advertising Act 34/1988 dated 11.11.1988. |
Yes |
Yes |
| Promotions : |
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| draft regulation on promotions in the EU
dated October 2, 2001. |
Any expected major effects? |
Yes, deregulation with respect to premiums
and games of chance. |
Yes, liberalization of possibilities to organize
combined offers. |
Yes, deregulation. |
Yes, it is expected that the national provisions
banning various types of promotion conditioned on purchase
will be removed from the law. |
Yes, major simplification of rules applicable
in France to promotions and sales techniques, e.g. sales
at loss would no longer be prohibited |
Yes, slow change of jurisdiction after 30
years yes regarding the connection between participation
in a game and a purchase |
Yes, harmonization and modernization of national
provisions regulating sales promotions / contests / games
etc.
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Yes |
Yes, although many of the recommendations
of the draft regulations are already in place in the advertising
industry's self regulatory code of practice in Ireland
new rules on information to be provided on commercial
communications re promotional games and free prize draws
will have to be implemented. |
Yes, see attached. |
Not implemented, but no effects expected.
No changes in Law needed. |
Yes, liquidation of regulation by state. |
No |
No |
No, the UK does not operate general restrictions
on sales promotions and the use of promotional techniques
is well developed in the UK. The UK Government seeks to
ensure that the Regulation does not restrict current techniques
such as cross product promotion. |
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VAT &
e-commerce :
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| directive 2002/38 dated May 7, 2002 as regards
the value added tax arrangements applicable to radio and
television broadcasting services and certain electronically
supplied services. |
Implemented? |
No |
No |
No |
Yes |
Yes |
Yes, partly. |
No |
Yes |
Parts of the Directive including those dealing
with electronically supplied products have been implemented
through the Finance Act, 2003. |
No |
No. In the Netherlands services rendered
to inhabitants of other EU or non EU-countries are not
taxable.
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No |
Yes, but will enter into force on the 01.07.2003. |
No |
No |
| European company |
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| - regulation 2157/2001 dated October 8, 2001
on the Statute for a European company (SE) |
Any expected major effects? |
Yes, a new type of company with limited liability
will be created. |
No |
No |
No |
Yes, simplification |
No |
Yes, amending Greek company law. |
Yes |
No |
Yes, as to company governance, accounting
and tax management. |
No, the Bill is due to be presented to Parliament
not before November 1st, 2004. |
No |
No |
Yes, Swedish companies can operate directly
in other member states as in SE |
Yes, English companies seeking to transform
into a Societas Europa will be able to operate throughout
Europe under one set of rules without the need to incorporate
separate subsidiaries in each Member State. |
| - directive 2001/86 dated October 8, 2001
supplementing the Statute for a European company with
regard to the involvement of employees. |
Implemented? |
No |
No |
No |
No |
No |
No |
No |
No |
No |
No |
No |
No |
No |
No |
No |
| Sexual harassment on the workplace |
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| directive dated September 23, 2002 amending
directive 76/207 dated February 9, 1976 on the implementation
of the principle of equal treatment for men and women
as regards access to employment, vocational training and
promotion, and working conditions. |
Implemented? |
No |
No |
Yes |
No |
No |
Yes |
No, but most collective labor agreements
already contain provisions ensuring employees against
harassment and promoting equal treatment. |
No |
No |
No |
No, but sexual harassment in the workplace
is prohibited based on article 3 of the Dutch “Arbeidsomstandigheden
Wet” of 1994. It gives a cause of action for civil claims. |
No |
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No |
No |
