Digital commerce

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There is no universally accepted definition of electronic commerce (or e-commerce). The Organisation for Economic Co-operation and Development (OECD) defines e-commerce as follows:

‘An e-commerce transaction is the sale or purchase of goods or services, conducted over computer networks by methods specifically designed for the purpose of receiving or placing of orders. The goods or services are ordered by those methods, but the payment and the ultimate delivery of the goods or services do not have to be conducted online. An e-commerce transaction can be between enterprises, households, individuals, governments, and other public or private organisations. To be included are orders made in web pages, extranet or electronic data interchange. The type is defined by the method of placing the order. To be excluded are orders made by telephone calls, facsimile or manually typed e-mail.’

In this subtopic we examine the most common legal issues associated with online commerce in the EU, the legal considerations which arise as a result of trading online and other specific issues which the digital era presents more generally for businesses operating online.

Tracking EU digital commerce developments

The EU has set itself

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Latest EU Law News

Commission issues preliminary findings to Meta and TikTok under EU DSA

The European Commission has published preliminary findings against Meta, the provider of Facebook and Instagram, and against TikTok under the EU Digital Services Act (EU DSA), to assess whether both companies may have breached their transparency obligations. The suspected infringements concern Meta’s and TikTok’s failure to provide adequate access to public data for researchers, as well as Meta’s additional failures relating to user mechanisms for reporting illegal content and appealing content moderation decisions. If proven, these failures would constitute infringements of Articles 16(1), 17(3), and 40(12) of the EU DSA. The Commission’s findings indicate that Meta and TikTok may have imposed restrictive and burdensome procedures for researchers seeking access to public data, leading to incomplete or unreliable datasets and potentially undermining the transparency objectives of the EU DSA, which aim to facilitate independent scrutiny of platforms’ effects on public discourse, user safety, and mental health, particularly that of minors.

OpenAI inches toward seeing ChatGPT regulated under EU digital rulebook

MLex: OpenAI’s ChatGPT has surpassed 120 million monthly users in the EU, crossing the 45 million threshold that could see it designated as a ‘systemic risk’ search engine under the EU Digital Services Act (EU DSA). The move would make ChatGPT the first standalone AI service regulated under the EU DSA, marking a key precedent for how AI-driven online services are regulated in Europe. Formal designation could still take a few weeks.

European Parliament adopts new EU soil monitoring directive with farmer protections

The European Parliament has adopted the European Commission’s proposed soil monitoring law to achieve healthy soils across the EU by 2050, consistent with the EU’s ‘zero pollution’ ambition. The directive establishes a harmonised framework requiring member states to monitor and assess soil health using common descriptors and an EU methodology, while allowing reliance on existing national systems. The Commission will strengthen its LUCAS Soils programme and provide financial and technical support. Member states will set non-binding targets to improve soil health and must assist farmers and foresters through advice, training, and research without imposing new obligations on them. They will also compile a public list of potentially contaminated sites within ten years and establish an indicative watch list of emerging harmful substances, including forever chemicals (PFAS) and pesticides, within 18 months. The directive will enter into force 20 days after publication, with a three-year compliance period, addressing the EU’s finding that 60–70% of soils are degraded, costing around €50bn annually.

European Parliament adopts EU rules to reduce plastic pellets losses

The European Parliament has adopted new measures to prevent microplastic pollution from plastic pellets losses throughout the supply chain. The rules require entities handling over 5 tonnes of plastic pellets in the EU to take specific measures to avoid losses, applying to economic operators, EU and non-EU transport carriers using road, rail or inland waterways, and maritime operators at EU ports. Economic operators must establish and implement risk management plans for each installation handling plastic pellets, while maritime transport operators must ensure proper packaging and provide clear cargo information. When losses occur, operators must immediately inform emergency services and take measures to minimise consequences. The law will be signed by both co-legislators before publication in the EU Official Journal, entering into force 20 days after publication with provisions applying two years later for most operators and three years for maritime transport. The measures aim to contribute to the EU's target of reducing microplastics released into the environment by 30% by 2030.

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