Digital commerce

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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European Commission publishes 2025 State of the Digital Decade report

The European Commission has published its 2025 State of the Digital Decade report, urging renewed action on digital transformation and technological sovereignty. The report evaluates the EU's progress toward its 2030 digital transformation targets by examining four areas: digital infrastructure, business digitalisation, digital skills, and public service digitalisation. It reveals that while some progress has been made, the rollout of connectivity infrastructure such as fibre and 5G stand-alone networks remains slow. There is an increasing uptake of AI, cloud, and big data by companies, yet more rapid progress is essential. Furthermore, only just over half of Europeans have basic digital skills, and there is a shortage of advanced ICT specialists, a situation worsened by a significant gender imbalance which restricts progress in key sectors like cybersecurity and AI. Although the digitalisation of public services has made headway, a considerable portion of governmental digital infrastructure continues to rely on providers from outside the EU. Persistent challenges such as fragmented markets, complex regulations and strategic dependence call for greater public and private investment, reforms to better integrate the single market, and eased administrative burdens. These measures could potentially boost the EU's gross domestic product by an estimated 1.8% by 2030. Member States are set to review the recommendations and discuss the future course of action, with further assessments scheduled for 2026 to ensure that targets remain in line with the evolving digital landscape and the EU's broader ambitions.

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