Implementation of EU Directives in the IT/IP areas - May 2003

Austria Belgium Czech Republic Denmark France Germany Greece Hungary Ireland Italy Netherlands Poland Spain Sweden United Kingdom
Copyright:
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 :
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:
- 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 :
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. Yes Yes
Distance contracts :
- 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).
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:
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:
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).
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 :
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.
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.

VAT &

e-commerce :

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.
No Yes, but will enter into force on the 01.07.2003. No No
European company
- 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
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   No No