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Podsumowanie: 24.03.2017 r.

European Commission plans to delay RTS on Strong Customer Authentication until summer to make further changes Following the release of the final draft RTS on Strong Customer Authentication and Common and Secure Communication by the European Banking Authority on 23 March, the European Commission is now expected to make further changes to the draft, in particular with regard to the EBA’s proposals on common and secure communication. The Commission, European Central Bank and the European Parliament are currently analysing the EBA’s draft, with the Commission expected to return the draft to the EBA over the coming months to make further amendments on the interfaces as part of its 3-month evaluation period. Considering this, Ecommerce Europe expects the final RTS to be forwarded to Parliament and Council in the autumn. Following the input provided by the e-Payments Working Committee, Ecommerce Europe, this week, will adapt its key message towards European policymakers.

Ecommerce Europe publishes updated position paper on the Geo-blocking Proposal Together with the support of its Members active in the e-Regulations Working Committee, Ecommerce Europe has recently published an updated version of its Geo-blocking position paper. Originally, the Proposal on Geo-blocking did not impose any obligation on online merchants to deliver cross-border to all the EU, which would have been an unreasonable burden for online merchants. However, from our perspective, the Proposal was nonetheless sub-optimal in several ways, especially in terms of providing clarity of applicable law and in imposing a requirement for explicit consent before re-routing to another website, based on the location of the consumer. Our new position paper analyzes the last texts of the Council and the Draft Report of MEP Roza Thun, and gives clear recommendations on the proposed Regulation. The European Parliament’s IMCO Committee has scheduled for 21 March the consideration of (compromise) amendments. The vote in the IMCO Committee on the Report will take place on 25 April. In the meanwhile, Ecommerce Europe has contacted all relevant EU policymakers to share with them our vision and remaining concerns on geo-blocking.

Ecommerce Europe publishes new position paper on the

European Accessibility Act Again in close cooperation with its Members in the e-Regulations Committee, Ecommerce Europe has also published a new position paper on the draft European Accessibility Act proposal. Ecommerce Europe welcomes the objectives of the Commission’s Proposal for a European Accessibility Act and strongly supports the principle of accessibility as a means of promoting the inclusion of disabled people in society. Despite this, we view the Proposal as deeply problematic in several key ways, and in particular we fear the impact that the proposal would have on the e-commerce sector. Firstly, the Proposal has failed to take into account the considerable work that is being done by the private sector to improve the accessibility of goods and services to disabled people. In particular, the e-commerce sector has done a great deal to enhance the access of disabled people to goods and services. Our new position paper analyzes both the text of Proposal and the Draft Report of MEP Morten Løkkegaard, and gives clear recommendations on the proposed Directive. The European Parliament’s IMCO Committee has scheduled for this afternoon the consideration of (compromise) amendments. The vote in the IMCO Committee is rescheduled for 25 March. We have already contacted all the relevant policymakers to inform them about potential negative effects and high costs for the e-commerce sector that this Proposal could cause. More information can be found here: 

European Data Protection Supervisor (EDPS) issues opinion on data in the digital content proposal The EDPS has issued an opinion on the Proposal for a Directive on certain aspects concerning contracts for the supply of digital content (EDPS Opinion Nr. 4/2017 available here). The European Data Protection Supervisor (EDPS) is an independent institution of the EU, responsible for ensuring that the rights of natural persons, in particular their right to privacy, are respected by the EU institutions. Its opinions are not binding but are taken into account by the EU institutions. This proposal is important for our sector as it sets out harmonized rules on the supply on digital content. The European Parliament has put forward a number of amendments which put goods with embedded digital content (so called smart goods) in the scope of this proposal. Generally the EDPS supports the Commission’s proposal for rules on contracts for the supply of digital content. However, the EDPS considers that the rules concerning data (whether personal data or any other data) as counter performance other than money (‘price paid’) for the supply of digital content is problematic. The EDPS warns against any new rules introducing the idea that people can pay with their data the same way as they do with money.