EU online sellers are facing a growing international competition in addition to the remaining barriers encountered in the EU Digital Single Market. The EU should help online businesses in their efforts to be competitive, trustful and attractive not only for European but also international consumers. This can only be achieved with a legal framework which is designed to promote legal certainty in a fast moving digital environment.

EMOTA, the European association representing online and distance sellers actively supported all initiatives meant to reduce costs and legal fragmentation. In 2014 EMOTA launched a new initiative to establish a common set of criteria and accreditation for eCommerce trustmark schemes. Our initiative is meant to boost consumer confidence in cross-border shopping through ensuring that eCommerce trustmarks are well positioned to reflect and address the consumer concerns in cross-border trade. However, trustmarks are a single step among the many that still need to be taken. Below you will find our policy priorities for the Digital Single Market.

Policy Priority 1: A new set of fully harmonised data protection rules, built on principles and aiming to encourage the use of data in eCommerce and in the European online industry

a. Full harmonisation is crucial

b. Focus should be on principles and enforcement, not methods

c. Should reduce unnecessary duplication and administrative burdens

d. Well balanced definitions (personal data; consent; legitimate interest; risk; profiling) aiming to promote the secure use of data without overburdening online businesses

Policy Priority 2: A fully harmonised set of consumer protection rules

a. A harmonised transposition of the 2011 Consumer Rights Directive

b. Continue the harmonisation process via instruments such as the Common European Sales Law, or similar tools, allowing sellers to use the rules applicable in the country of the seller in cross-border sales  

Policy Priority 3: A seamless, competitive Single Market for Parcel Delivery

a. Ensure full transposition of the EU Postal Framework

b. Support the development of information sharing tools for cross-border parcel delivery (by the industry)

c. Consolidate the information on formatting requirements in cross-border delivery (addressing, formatting, labelling, mail boxes)

d. Promote a competitive information exchange between sellers and carriers allowing full track and trace and additional services

Policy Priority 4: A competition oriented Single Market for payments

a. Remove non-competitive fees

b. Ensure proper enforcement of competition rules

c. Support the development of a true pan-EU (and international) payments system

d. Support the use of new technologies (digital signatures, device signatures, digital currencies)

e. Complete reform of the EU Payment Services Package

Policy Priority 5: a competition and taxation policy for the digital age

a. No new taxes should discriminate against online sales

b. Remove any anti-competitive tax loopholes

c. Remove any anti-competitive tax exemptions

d. Ensure that personal data, search engines, intellectual property rights, technical standards, EU legislative initiatives, distribution agreements or customs arrangements are not used as backdoors to distort competition in the online sector or to discriminate against the online sector

Policy Priority 6: building trust in all things digital

a. Support industry initiatives that bring a high level of quality and service at the pan-EU level e-commerce

b. Initiatives aimed at building trust have to include policy makers, consumers and industry bodies in a concerted approach addressing any concerns through coordination and accountability

c. Trust mechanisms have to promote competition and a better service

d. Policy initiatives in the area of trust (e.g. eID, trust services, privacy seals) have to be designed to promote competition, consumer education and choice in a cross-border context.

Find out more about e-Commerce in the EU on www.emota.eu or @emota_ecommerce