Business action / observations

Government action required

2.  Small and medium sized

enterprises

Business organisations and chambers of commerce will promote marketing and technology support for SMEs through information brochures, collection and communication of sector-specific best practice and workshops. Business will encourage greater interaction between large corporations and SMEs to provide access to electronic commerce networks for supplier and contracting opportunities.

Government should provide SMEs with information and education relevant to market entry opportunities provided by global electronic commerce.

Governments should create an environment that is conducive to  private sector investment in information technologies and encourage capital access for SMEs.

3.  Skills development

Business is committed to continue working with government to promote technical training and life-long learning for all in society.

Governments should review existing labour laws to remove existing barriers for workers to be able to share in the new and different employment generated by electronic commerce.

Governments should continue to promote both formal and non-formal skills-development programs.

4.  Ensuring global

participation

Existing business organisations will work to expand the participation from business in developing countries in promoting the uses and benefits of electronic commerce.

Business will expand its advisory role with international organisations dealing with electronic commerce issues.

Existing international organisations should increase cooperation, as well as coordination and transparency of their respective work programmes.

All governments should ensure open and competitive electronic commerce markets to secure their participation in the benefits of the information society. 

Business action / observations

Government action required

5.  Infrastructure

deployment

Business will remain an important driver in the development of the information infrastructure because it mobilises the private capital needed to build the global information infrastructure and to develop the technological innovations that enhance communications.

As telecommunications transitions from a monopoly to competitive environment, a crucial role for the government is that of being a neutral force in the economy that ensures pro-competitive behaviour, transparent rules, and value to the user customer.

International organisations should provide a forum for coordinated government action and international cooperation on matters relating to global development. Agreements drawn up by multilateral organisations offer the private sector and governments the necessary legal and regulatory certainty for investment. 

6.  Government as model user

Business will work with governments to offer cost-effective electronic delivery systems for the public sector.

Governments are encouraged to use new electronic delivery systems to provide the means to significantly enhance the internal efficiency and productivity of public administrations. Governments should be pioneers in using new technologies for making electronic forms available for collecting taxes and other functions.

Governments should promote electronic commerce through its public procurement system, done in a fully open and competitive environment, based on cost-efficient, commercial solutions that are technology neutral.

Governments are also encouraged to use new electronic means to deliver core public services. In particular this would concern public information and cultural resources, databases for health services, web sites at local, regional and national levels and public libraries and databases, where appropriate. 

Business action / observations

Government action required

1.      Telecommunications competition

Telecommunications competition (continued)

Business remains committed to providing practical information about appropriate competitive safeguards.  Business will continue to call on governments to set and implement conditions for open and fair competition.

Business is studying means of avoiding and settling commercial disputes between competitors to provide an alternative to resolution by regulatory agencies.

Effective implementation of the WTO agreement on basic telecommunications is of critical importance.  In consultation with business, governments with experience in telecommunications liberalisation should actively assist signatory countries that still have to start this process.  Countries that have scheduled commitments under the WTO agreement on basic telecommunications should review the extent to which their markets are fulfilling the agreement, publish their findings on a regular basis and work towards the elimination of MFN exemptions.

The OECD, ITU and WTO - within their respective domains - have a role to play in facilitating such assistance.

Efforts should be made to increase the number of signatories and ratifications of the WTO agreement on basic telecommunications. Business urges WTO members to include as one of the highest negotiating priorities in any accession protocol market opening commitments in basic telecom services that at a minimum include: (1) specifying a date certain for full liberalisation, (2) progressively removing foreign ownership restrictions and (3) adopting the reference paper in its entirety.

New WTO services negotiations to be launched in Seattle in November 1999 are an opportunity to expand commitments made previously, particularly by countries either making no commitments or only partial commitments.

Governments should review favourably the business recommendations on the impact of telecommunications liberalization on electronic commerce, made to the OECD on the occasion of the OECD Ottawa Ministerial Conference.

Business action / observations

Government action required

2.  IT equipment

Business applauds the WTO Information Technology Agreement (ITA) and urges expansion of its coverage during the ITA II negotiations.  Business urges non-signatories of ITA to join in confirming their tariff practices to the ITA.

The ITA is of great importance for the development of electronic commerce and should be widely implemented and expanded.  Governments should make efforts to expand the list of items to which the ITA applies.

3.   Trade-related aspects of electronic commerce

In response to the WTO's work program to examine all trade-related issues relating to global electronic commerce, business is responding in a constructive way by issuing papers on the trade-relate aspects of electronic commerce.

WTO members should recognize that specific WTO agreements governing trade in goods, trade in services, or trade-related intellectual property apply to electronic transmissions.  WTO members should continue to address the issue of categorization of electronic transmissions as either goods or services in their ongoing work programme.  

Electronic transmissions are blind with regard to national borders. Thus, WTO members should agree to continue duty free treatment of electronic transmissions and should consider in their ongoing work programme on electronic commerce to move beyond a temporary commitment to a permanent one. 

Continued development of electronic commerce requires the ability to conduct cross-border transactions.  In the WTO services negotiations to be launched in November 1999 in Seattle, governments should make cross-border commitments across a wide range of industry sectors.

Business action / observations

Government action required

4.  Convergence

Businesses are already developing, providing and using products and services taking full advantage of the convergence phenomenon.  These developments are likely to accelerate.

Convergence of technologies is leading to the need for concomitant convergence in regulation of broadcasting, IT and telecoms.  Convergence is crucial to electronic commerce and must be supported by appropriate government policies.  Governments should work closely with business in preparing for and reacting to changes caused by convergence by applying the following principles:

·         competition policy should be used as much as possible as the predominant means of preventing abuses of market power in the telecommunications and media sectors

·         Government regulation should be limited to promoting fair competition, allocating scarce resources an d protect the public interest.

Governments should review favourably the business recommendations on the impact of telecommunications liberalisation on electronic commerce, made to the OECD on the occasion of the OECD Ottawa Ministerial Conference.

Business action / observations

Government action required

Standards

Standards for electronic commerce should continue to be market driven and industry-led. 

Business will continue to work with all relevant international standards-making bodies to develop international standards that provide added value and are necessary for the development of electronic commerce.

Governments should avoid mandating unnecessary technical standards that could be and are being led by business.

Business action / observations

Government action required

1. Domain name system

Business should have a significant role in the formation of policy for governance of the domain name system and the development of policy.  Through the various Supporting Organizations of the Internet Corporation for Assigned Names and Numbers (ICANN), and in particular the Business Constituency or the Domain Name Supporting Organization (DNSO), business will continue to work to ensure continued stability and security of the Internet, as well as appropriate protection of intellectual property. The protection of intellectual property (especially famous names) and efficient ways of dealing with cybersquatting remain priority issues for business.

Governments should

·         continue to support  ICANN

·         support initiatives to ensure that the business community will have a sufficient voice in the governance of the domain name system

·         encourage ICANN to adopt and implement the WIPO recommendations on trademarks and domain names at the earliest possible time and encourage ICANN not to duplicate the consultation already conducted through WIPO.

Business action / observations

Government action required

1.  Privacy and transborder flows of data

Business endorses the principles set out in the OECD 1980 Guidelines for the protection of Privacy and Transborder Flows of Personal Data, and is committed to implementing fair information practices and transparent procedures consistent with these Guidelines. 

Business uses model contracts and internal control procedures to satisfy requirements of legislation restricting export of data to third countries that do not provide a level of protection considered to be adequate or sufficient by the source country.  The use of model contracts provides a flexible, market-based solution for meeting differing data protection standards in the conduct of global business. 

Governments should adopt a flexible and responsive approach to the protection of personal information, including the acceptance of self-regulatory solutions and technological innovations that empower the user.

Different approaches to the protection of personal information should not prevent transborder data flows, and governments should cooperate internationally to ensure a seamless environment.  In assessing the level of protection provided to personal information in other jurisdictions, the criterion should be the objective level of protection afforded by the system honoured within that jurisdiction.

Model contracts and codes of conduct prepared by the private sector should be endorsed by relevant governments at the earliest possible time to promote the free flow of information.

Business action / observations

Government action required

2.      Internet privacy

Business is committed to work with governments to ensure non-discrimination among culturally different but adequate regimes for protection of personal information in the digital environment

Business is developing, based on global marketplace experience, fair information practices that are consistent with the 1980 OECD Privacy Guidelines. It does so through self-regulation, voluntary codes and by making commercially available technologies enabling a high level of privacy protection tailored to user needs and preferences.

The use of third-party compliance schemes is growing rapidly in response to market forces.  The rate with which such schemes are being adopted in some jurisdictions demonstrates a strong commitment by the private sector to embrace consumer satisfaction as a competitive issue. Effective self-assessment programs have been and continue to be implemented by the private sector.

Business is reviewing existing self-regulation to ensure that it takes into account new technologies and provide effective and credible privacy protection.

Governments should recognise that the Internet is a new medium providing new opportunities and challenges.  Existing regulatory systems must provide consumers with useful protection of their personal data and at the same time guarantee the free flow of information needed for the information society to produce the anticipated benefits.  Governments should also recognize that self-regulation may be a more flexible method of achieving data protection than government regulation. 

To that end, governments should:

·         work with the private sector to  adopt interpretation of existing regulatory solutions based on the criteria in the paragraph above;

·         recognise the validity and adequacy of effective self-regulation augmented by the use of privacy-enhancing technologies; and

·         educate the public to use such privacy-enhancing technologies properly.

Any privacy measures taken by governments should not be more restrictive than necessary to fulfill the data protection objectives of Article XIV of the GATS.  Current international initiatives to enhance privacy protection on a global basis should be taken into consideration when assessing the need for such measures.  The also must not constitute a means of arbitrary or unjustifiable discrimination, or a disguised restriction on trade in services.

Business action / observations

Government action required

1.  Consumer trust

Increasingly sophisticated empowerment tools for consumers continue to be developed and implemented to protect and empower consumers in a truly global marketplace. 

Consumer protection is an essential element of building trust in the online environment and is directly complementary to market principles of consumer service and satisfaction.  Therefore, there is a business advantage to be gained by companies that safeguard consumer interests.

Consumer protection should develop from appropriate business/consumer platforms.  Business, and interested parties, should be fully involved in international discussions to set policies for consumer protection.

Governments have a major role in educating and empowering the public to enhance awareness of their responsibilities and ability to exercise choice with respect to their protection as consumers.

The international legal community has only just started reviewing the many complex legal issues surrounding applicable law and jurisdiction in cyberspace.  Any premature regulation mandating the law and forum of the country of destination for consumer transactions would seriously undermine the growth of electronic commerce, as compliance would be overly burdensome for all business and practically impossible for small and medium-sized enterprises

The use of out-of-court dispute settlement procedures for consumers should be encouraged while maintaining court proceedings as the ultimate solution in case of conflicts. 

Business action / observations

Government action required

2.      Content

Technological developments have had and will continue to have a profound impact on culture. However, the emerging digital environment can provide ample distribution capacity for all content, alleviating "competition" among different types of content.  In addition, the interactivity of the new technologies enables users to choose more flexibly among different types of content and governments should not interfere in this personal decision-making process.

Business continues to develop and implement voluntary content rating and filtering technologies to empower consumers.

Content regulations are based on different legal and cultural traditions.  Nevertheless, content regulations should be kept to a minimum as they restrict the free flow of information into the marketplace of ideas.  Where content regulations exist, it is the role of the appropriate law enforcement authority to enforce the law.  In the context of potentially inappropriate, but otherwise legal content, business encourages the use of market-driven solutions, including the numerous filtering and blocking technologies  rather than restricting access to such content through regulation.  Such technologies empower the consumer to make informed decisions about the type of content he/she wants and does not want to access.

Governments should enforce existing laws relating to illegal content.

Any legislation that deals with the issue of liability should carefully consider the effect such laws have on the interests of all stakeholders in the electronic environment, and, where clarifying liability rules for intermediaries, needs to strike a careful balance between the legitimate business interests of the different stakeholders involved, including content providers, service providers and end-users.

Business action / observations

Government action required

3.  Marketing and advertising ethics

Business in many countries has a mature system of self-regulatory complaint mechanisms and cooperative enforceable self-regulation for advertising practices, such as industry or trade associations, chambers of commerce, better business bureaux.  The concept of business self-regulation on marketing ethics continues to evolve to adapt to the online environment through international cooperation and agreement.

Business will continue to improve upon self-regulatory solutions for Internet advertising and market research. Business is establishing appropriate international self-regulatory enforcement mechanisms for violation of such best practice rules

In the borderless global environment of the Internet, internationally incompatible national laws on advertising and promotions seriously impede cross border sales.

Governments should support self-regulation for Internet advertising at the global level based on the existing good cooperation between government agencies and business self-regulatory bodies for traditional advertising at the national level. 

Business action / observations

Government action required

1.  Promotion of technology development to ensure security

Business continues to develop technology for ensuring security in order to build trust in electronic commerce.

Governments should support fundamental private sector research and development relating to security technology.

2.  Cryptography for confidentiality

It is crucial for electronic commerce that business and end-users are able to choose the cryptographic systems that best suit their needs, and that these systems can function internationally.

Business is opposed to any mandatory system based on a specific technology. Business will continue to develop and implement cryptographic products allowing a high level of confidentiality.  Business is prepared to discuss possibilities to protect law enforcement and national security.

The OECD cryptography policy guidelines were an important step in the direction of a uniform international approach.  The urgent need for strong encryption in electronic commerce necessitates the next step in this co‑operation between business and government.  Governments must enhance electronic commerce on a free market by removing obstacles to the use of publicly offered standard encryption solutions.

Governments should commit to:

·       remove all controls on cryptographic technologies and applications; and

·       cooperate in such a way that interoperability of solutions for internationally secure exchange of information is facilitated, independent of their choice of regulation.

Business action / observations

Government action required

3.      Searches and subpoenas of computer records

Business has growing concerns about the use of computer searches by competition and other law enforcement authorities.  There is an urgent need to ensure that law enforcement practices and policies reflect a clear understanding of how computers work, how businesses use them, and the extent to which traditional approaches to the collection of computer records may unnecessarily impose significant costs on business.

When requesting, issuing or executing a search warrant or a subpoena, government law enforcement agencies should take due care to cause the least burden to the operations of the subject firm, to respect privacy and confidentiality requirements, and not to overstep the territorial scope of the subpoena or search warrant by exploiting computer linkages with sources in other locations. Law enforcement agencies should not use the firm's computers to access or seize information stored on computers outside their jurisdiction but rather rely on existing procedures such as mutual legal assistance treaties and legislation.

4.  Access to public domain information

To ensure that the information business holds is correct and to promote efficiency and consumer satisfaction, business needs access to public domain information to conduct its transactions. International principles, if appropriate, should be developed in order to guarantee fair use of personal information prevent liability for the use of public data, and promote the availability of such data for legitimate commercial purposes.

Governments should guarantee equal and transparent access to public domain information to ensure business’s legitimate interests, whilst recognising the need to achieve a balance with the protection of personal information.

5.  Legal government interception of telecommunications

The development of acceptable international standards is important.  Business is concerned about the wide range of government organisations devising standards that may lead to inconsistencies.

Discussions that may affect existing wiretapping safeguards should include business participation as a matter of principle.

Business action / observations

Government action required

6.  Business monitoring of its own communications

Businesses needs to monitor their communications to verify and/or prove business transactions and for quality control or training purposes for the benefit of the customer. Some regulatory initiatives restrict these legitimate practices. 

Governments should guarantee that business can continue to monitor communications for legitimate purposes (such as the improvement of customer service, the verification or proof of a business transaction, quality control and training) with the consent of only one party to the communication.

Business action / observations

Government action required

1.  Legal validity of electronic signatures; interoperability of certificates and electronic signatures

Common definitions and best practice guidelines for authentication, and in particular certification practice have been published by several business organisations and will be continually revised to reflect business practice.

Governments should review the proposal that has been made to elevate certain portions of the UNCITRAL Model Law on electronic commerce to an international Convention.  Governments should implement the principles on authentication in the OECD Ottawa Ministerial Declaration.

Business action / observations

Government action required

Legal validity of electronic signatures; interoperability of certificates and electronic signatures (continued)

Business supports freedom of contract to establish parties' rights and responsibilities when using electronic signatures.  Contracts enable parties to agree on the acceptance of electronically signed data and on the terms and conditions of transactions (including limitations on liability).  Contracts can also include the following: methodologies for enforcing online contracts and resolving disputes; compelling public policy considerations such as public safety and prevention of fraud issues; and use of appropriate terms and conditions.

Business looks forward to working with governments within relevant bodies in this field.

Technical interoperability should be ensured by the private sector.  The legal acceptability of certificates and electronic signatures, both within a nation and internationally, should be supported by appropriate government policies.

Government policies should aim to provide a predictable legal framework based on the fundamental concept of freedom of contract. They should be non-discriminatory; technologically and architecturally neutral; promote flexibility as to the content, form and function of certificates and similar authenticating devices; and promote competition among providers of authentication services.

Rules for evaluating the legal validity of electronic signatures should not be written to require localisation, local partners, local insurance or guarantee schemes, mutual recognition, or otherwise act as trade barriers.  Neutral criteria relating to adequacy should be used to determine recognition. 

Standards for electronic signatures that are used or recognised by governments should be technology neutral, commercially available, not endorse or favour any particular solution and should allow for technological innovation.

Business action / observations

Government action required

2. Accreditation

The marketplace should rely on existing trust infrastructures to provide the equivalence of accreditation where appropriate. If and when the accreditation is considered, the marketplace should determine whether an accreditation or certification of certificate authorities is required.  As electronic commerce is an emerging market, the marketplace may require different kinds or levels of accreditation or certification.  Accreditation or certification may not be required in every instance. Those that undertake the accreditation or certification of certificate authorities should be held liable for their certification actions.  Therefore any accreditation solution should be developed in response to a specific market need and tailored to address a well-defined requirement.

In order to facilitate electronic transactions across borders governments should by enabling the emergence of borderless networks of certification authorities supporting voluntary non-discrimination agreements. Governments should not impose any licensing schemes that could disrupt such mutual recognition.

3.  Availability of certification practice statements

Business is developing best practices for providing adequate notice to consumers of the responsibilities of Certifcation Authorities. Business is developing innovative services and technologies to provide easy access to notices of these responsibilities.

Governments should facilitate the emergence of borderless networks of certification authorities supporting mutual recognition agreements. Governments should not impose any licensing schemes that could disrupt such mutual recognition.  If required, accreditation should be voluntary, based on internationally recognised best practices.

Business action / observations

Government action required

1.  Removing legal/regulatory obstacles

Traditional self-regulatory solutions for international trade are continually being adapted to new business practice. 

The global business community is analysing existing legal and policy barriers to the digital marketplace, and will make recommendations where appropriate. 

Business is developing technologies and procedures that enable the creation and determination of electronic "originals".

Countries should implement the UNCITRAL Model Law on Electronic Commerce, which provides for a particular country to address issues specific to its jurisdiction, as soon as possible.  There have been calls to elevate portions of the UNCITRAL Model Law to a Convention.

Some international conventions need to be adapted (UN-ECE has published an analysis of international work to be done).  The good cooperation that exists among private- and public sector international legal expert bodies should be a model for future cooperation between business and governments toward electronic commerce.

Business action / observations

Government action required

2.  Create a new uniform legal framework

Through various private-sector trade promotion and facilitation organisations, a framework of self-regulatory rules for electronic commerce is evolving. In general, market forces should lead but business acknowledges that for some key issues there is no self-regulatory substitute for a reliable legal framework to provide certainty and confidence in electronic commerce.

Governments should continue to work at the international level to create a coherent legal framework to enable electronic commerce. 

3.  Jurisdiction and applicable law

Business will work with governments to find solutions to the problems associated with determining jurisdiction and applicable law in cyberspace.  Alternative dispute resolution mechanisms and third-party schemes for compliance with self-regulation are being developed by existing and new types of providers of dispute avoidance and resolution.

Freedom of contract should be the guiding principle for business-to-business relationships. The international legal community has only just started reviewing the many complex legal issues surrounding applicable law and jurisdiction in cyberspace.  Any premature regulation mandating the law and/or forum of the country of destination for consumer transactions could inhibit continued growth of electronic commerce.

Governments should rely on voluntary business self-regulatory practices and market pressures to develop more flexible and balanced solutions.

The use of out-of-court dispute settlement procedures for consumers should be encouraged while maintaining court proceedings as the ultimate solution in case of conflicts.

Business action / observations

Government action required

4.  Incorporation by reference

In electronic commerce, terms of legal significance will increasingly be incorporated into contracts by reference. Business will continue to develop more effective, transparent and user-friendly delivery mechanisms for the full definitions of such terms.

Governments should continue work on basic international principles for legal validity of incorporation by reference for all kinds of transactions.  These rules should aim to provide certainty for all parties to electronic commerce transactions.

5.  Transparency and availability of proprietary and best practice legal terms, model contracts, etc.

On-line legal databases with user-friendly reference systems are being made available for use by parties conducting on-line transactions.

Governments are encouraged to promote such business-driven repositories and to contribute public legal terms and instruments to it.

6.  Dispute settlement

Speed and expertise in settling electronic commerce disputes are important.   Providers of alternate dispute settlement systems are implementing and continue to test tailor-made voluntary systems appropriate for the settlement of on-line disputes.

Governments should encourage the use of self-regulatory dispute settlement mechanisms as an effective way of resolving electronic commerce disputes. Courts should urgently develop electronic commerce expertise.

7.  Fraud and other commercial crime

Business will continue to advise governments on appropriate action to combat electronic commerce fraud.  Specialised business organisations will continue to provide information on fraud and fraudsters to the business community and, where appropriate and under adequate confidentiality arrangements, to law enforcement.

Special business organizations are already investigating and will continue to investigate cybercrime cases.

Criminal laws, courts and enforcement agencies should develop more expertise to deal with electronic commerce fraud and computer crime. When applying national criminal laws, government should take into consideration the global nature of electronic commerce.  Close cooperation among governments and between governments and business is vital in this process.

Electronic authentication techniques are important for users to protect themselves against fraud. Their legal validity should be addressed as soon as possible.

Business action / observations

Government action required

8.  Liability

Business will review general questions of liability in electronic commerce and submit its findings to relevant governmental organisations.  

Freedom of contract should be the guiding principle. Governments should avoid creating liability rules that can impede the advancement of electronic commerce and should work with business to identify areas where liability rules are required.

Business action / observations

Government action required

1.  Customs duties

Business is working with governments to ensure that the international trading system is as free as possible from barriers to trade, including custom duties. 

Commitments in this area make the business environment stable and predictable and give business a clearer view of their future trade opportunities.  With stability and predictability as part of the multilateral trading system, trade increases, investment is encouraged, jobs are created, and consumers can enjoy the benefits of competition -- choice and lower prices.        

The WTO's May 1998 Moratorium on Customs Duties on Electronic Transmissions recognizes that cross-border electronic transmissions are not now considered importations subject to customs duties or border controls.  There are no customs duties or border controls on telephone calls across borders; there are no customs duties or border controls on fax messages; and, there are no customs duties or border controls on email or computer links.

For stability and predictability in international trade in the 21^st Century, WTO members should agree to continue duty-free treatment of electronic transmissions and should consider in their ongoing work programme on electronic commerce to move beyond a temporary commitment to a permanent one. 

Business action / observations

Government action required

2.  Taxation

Business strongly supports the use of partnership working groups between business and government – such as the OECD Technical Advisory Groups - to address the numerous taxation issues relating to electronic commerce.

Business is working with tax authorities to open this process broadly to interested business participants. We believe that to ensure the widespread support of the business community, even greater openness is called for to ensure timely and valuable input by those in the business community who have much to offer this process.

We also heartily endorse efforts to seek a truly international consensus on these taxation issues

Governments should work with industry in international fora such as the OECD Technical Advisory Groups. There should be no new and additional taxes, such as usage or bit taxes. Future taxation policy on electronic commerce should:

·         be consistent with the principles of international taxation;

·         be neutral with regard to other forms of commerce;

·         be consistent across tax jurisdictions;

·         avoid double taxation;

·         minimize compliance costs; and

·         be transparent, predictable and with simple rules to follow.

Applying existing taxation principles in the electronic medium must also be built upon tools that businesses already use or are required to develop to meet their market needs—it is only in this way that high tax compliance can be sustained with the least burden, and the fewest economic distortions.

Business action / observations

Government action required

1.  Private/public sector interface

Business and governments should work together to ensure compatibility between standards at appropriate interfaces.

Work on customs data requirements is under way in the WCO and the G7.  In other fields, there does not seem to be an organised effort to harmonise requirements.  OECD would be an appropriate forum to address interface issues relating to taxation.

2.  Customs modernisation

Further to the April 1998 Symposium on Trade Facilitation, business is keen to cooperate with governments within the WCO and WTO on issues relating to customs modernisation.  Business will continue to work with and advice customs authorities on issues relating to electronic commerce.

To enable businesses and consumers to reap the benefits of electronic commerce, governments should work through the WCO and WTO to enhance the efficiency and transparency of customs procedures through the use of information technologies.

Governments have an important role to play in addressing questions of trade policy and assuring the legal validity of documents in digital form.

Business action / observations

Government action required

3. Capacity building

Business is looking forward to working with governments to offer advice as to how to coordinate capacity building efforts in developing countries' customs administrations.  Business can do this by sitting on advisory committees created to formulate capacity building strategies.   

Strengthening and streamlining the trade facilitation environment in all countries will require capacity building in a number of developing countries; governments should examine existing programs of assistance and conduct a needs assessment to develop an assistance plan to improve the basic facilitation environment of all countries.

This can be a collaborative effort with such organizations as the World Bank, the IMF, the World Customs Organization, and UNCTAD.

Business action/

Observations

Government action required

1.  Copyright and neighbouring rights

Technology is being developed to better track and protect copyrighted materials, and manage rights.  Business is in dialogue with governments to ensure that copyright (including neighbouring rights) regimes are applied to the digital environment in a manner that promotes electronic commerce while protecting intellectual property rights. 

Business sectors are committed to cooperating to prevent, deter and respond to infringements that take place over digital networks, including the implementation of technical protection measures; the development of marketplace solutions such as licensing; cooperation with law enforcement; and refining procedures for promptly responding to notification or facts and circumstances from which infringing activity is apparent.

Business will continue to provide information on the intellectual property implications of new technology.

WIPO adopted the Copyright and the Performances and Phonograms Treaties in December 1996.  Governments should now move promptly to ratify and implement these treaties, taking into account the challenges and opportunities of the digital environment. The goal must be the establishment of a balanced and realistic framework of accountability that respects international norms; provides incentives for increased inter-industry cooperation to deter and respond to infringements; promotes responsible business practices; does not impose unreasonable burdens on intermediaries; and preserves an appropriate role for courts. Any legislation that deals with the applicability of copyright infringement liability rules should carefully examine how these rules apply to all stakeholders in the digital networked environment.  Any framework that provides for limitations on liability for service providers should be restricted to damages and other monetary relief.  Injunctive relief and other forms of equitable relief should be available subject to applicable laws governing such relief.

Governments should consider further measures to secure property rights in the digital networked environment, including filling the gaps in protection for producers and performers of sound recordings left by the Performances and Phonograms Treaty.

Business action/ observations

Government action required

2.  Trademarks

Business has highlighted the problems raised by the discrepancy between the national scope of trademark laws and the international nature of electronic commerce and will work with WIPO to examine possible solutions. (See also Domain name system under Internet governance above).

Governments should work together at the international level in WIPO to ensure that national differences in trademark law and policy do not impede the trademark owner’s ability to exploit and protect their trademarks in cyberspace. 

3.  Databases

Business is contributing to WIPO’s work on this issue.

Governments should continue to work, through WIPO, towards adequate protection of intellectual property in databases.

BBBOnLine Reliability Program and BBBOnline Privacy Program

Bolero                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      4                                                                                                                                                                                                                                                                                                                                   

Business Code of Conduct from the Swedish IT Companies Organization                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       

Canadian Association of Internet Providers (CAIP) Code Of Conduct                                          

Canadian Association of Internet Providers (CAIP) Privacy Code                                                  

Canadian Association of Internet Providers CAIP ISP Fair Practices                                            

Canadian Standards Association Model Core for the Protection of Personal Information         

CAP Trustmark Scheme for UK Internet Advertising                                                                      

Casetrust                                                                                                                                                 

CBI Contractual Clauses and Group Policies                                                                                    

Certification Authentication Guidelines                                                                                           

Clicksure                                                                                                                                                

Code of Conduct for Electronic Commerce                                                                                        

Code of Conduct on Privacy                                                                                                                  

CPA Web Trust                                                                                                                                      

Cross Certification Guidelines (alpha version)                                                                                 

Cybercrime Unit of ICC Commercial Crime Services                                                                     

Cybernotary project                                                                                                                               

Cybertribunal                                                                                                                                         

Digital Signatures for XML                                                                                                                 

Dispute resolution for E-commerce and Y2K                                                                                     

EASA cross-border complaint system                                                                                                  

Electronic Notary System Guidelines                                                                                                 

Electronic Originals Initiative                                                                                                             

European Electronic Signature Standardisation Initiative (EESSI)                                               

ESOMAR Internet Guidelines                                                                                                             

GUIDEC                                                                                                                                                  

Guidelines for Codes of Practice for Internet Service Providers                                                     

Guidelines for Electronic Direct Marketing                                                                                      

Guidelines for Protecting Personal Information in

 Cyber Business

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Guidelines for Transactions between Virtual Merchants and Consumers

Guidelines for Use of Smart Cards

Guidelines on Personal Information Protection in Electronic Commerce in the Private Sector

High Assurance General ID Certification with Private Key Protected in an Electronic ID Card                                               

Hotlines against illegal content

ICC E-terms repository

ICC Internet Advertising Guidelines

Internet Content Rating Association

International DOI Foundation

Internet One

Memorandum of Understanding on Open Access to Electronic Commerce for European SMEs

Model Contract Clauses for Transborder Data Flows

Model Electronic Sales Contract

New Zealand Internet Marketing Standards Authority (IMSA)

Online Mark System for Winning Trust for Electronic Commerce

Online Ombuds Office

Online Privacy Alliance (OPA)

PKI Assessment Guidelines

Platform for Privacy Preferences (P3P)

Security Guidelines for Smart Card Electronic Money Systems

Self-regulation for e-commerce marketing

Standard for Internet Commerce

SILEC

Testbedding and Evaluation Model for Shopping Mall Construction Technologies

TradeCard

Trust-e

TTP.NL

URETS

World Chambers Network

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Name of Initiative

BBBOnLine Reliability Program and BBBOnline Privacy Program

Objective

BBBOnLine was established to help build consumer trust and confidence in online commerce.  The Reliability programs helps assure that a company’s advertising is truthful & accurate, the company commits to delivering the products & services offered and that, if the company cannot resolve a dispute with a consumer, it commits to using a third party arbitration/mediation program such as the Better Business Bureau.  BBBOnLine Privacy offers a comprehensive assessment process to measure a company’s ability to stand behind the promises made in its online privacy policy and offers a dispute resolution process for consumer privacy concerns.

Enforcement mechanism(s)

In both the reliability and Privacy programs a company signs a license agreement committing to the principles of the program and the particular resolution process applicable to the program.

Leader(s) initiative

Issuing/

implementing organisation(s)

BBBOnLine is part of the Council of Better Business Bureaus representing 320 major corporations and 132 local Better Business Bureaus. The local bureaus have over

270 000 business as part of their membership base.

Supporting organisation(s)

[expected] Date of issuance / implementation

BBBOnLine Reliability was launched on 30 April 1997

BBBOnLine Privacy was launched on 17  March 1999

Scope

General

Both programs are applicable to all businesses that are able to meet the standards and other criteria of the program. 

Sector

BBBOnLine Reliability is applicable to companies located in the United States and Canada. BBBOnLine Privacy is applicable to a company located anywhere if it markets to citizens of the United States or Canada. BBBOnLine is working with organizations in different countries to build co-operative partnerships to address privacy and consumer protection issues.

Geographic

Examples of application

The BBBOnLine Reliability Program currently has 3,500 companies participating and new companies are being added at a rate of between 50 and 70 a week.  As of this date all disputes have been resolved without a formal arbitration needed.  The BBBOnLine Privacy Program has 60 companies approved and about 400 companies in one stage or another of the process.

Participation public sector

BBBOnLine works closely with the US Federal Trade Commission, State Attorney Generals and local law enforcement organisations if a fraudulent or scam type web site is identified.  In developing the new Privacy program BBBOnLine worked closely with the Department of Commerce and Federal Trade Commission.  The Council of Better Business Bureaus has a long successful history working closely with appropriate government organisations.

For full text/further information consult/contact

Mr Russell Bodoff

Senior Vice President & COO

BBBOnLine Inc.

42 Wilson Boulevard

Arlington, VA 22202

Tel  703 247 9331

Fax  709 276 8112

e-mail: rbodoff@cbbb.bbb.org

URL: www.bbbonline.org

Possible/expected evolution of the initiative

Goal is to partner with other organisations to develop a global approach to building consumer trust and confidence n online commerce.

Name of initiative

Bolero System

Objective

Facilitating international trade through a technical and legal infrastructure for electronic commerce

Enforcement mechanism(s)

Contract-based interfacing with domestic laws

Leader(s) initiative

Issuing/

implementing organisation(s)

Bolero International Limited

Bolero Association Limited

Supporting organisation(s)

Bolero-enabled partners listed at www.bolero.net

[expected] Date of issuance / implementation

September 1999

Scope

General

International trade

Sector

Initial focus on shipping

Geographic

Worldwide

Examples of application

Case studies appear at www.bolero.net.  Users have realised substantial cost savings.

Participation public sector

Customs and other regulatory offices participate actively.

For full text/further information consult/contact

www.bolero.net

Possible/expected evolution of the initiative

Broadening focus to include an increasing number of trade transactions and instruments with both technical and legal support.

Name of initiative

Business code of conduct from the Swedish IT-companies’ Organisation

Objective

The Swedish IT-companies’ Organisation has issued seven business rules for their members. One of the rules regulates the following aspects of electronic information:

·          Distribution of inappropriate or abusive information

·          Respect of privacy and integrity

·          Electronic marketing and spamming

·          Transparency in pricing and other conditions

Enforcement mechanism(s)

Binding on members

Leader(s) initiative

Issuing/

implementing organisation(s)

Swedish IT-companies’ Organisation

Supporting organisation(s)

Federation of Swedish Industries

Date of issuance / implementation

1997

Scope     

General

Business-to-business and  business-to-consumer

Sector

--

Geographic

--

Examples of application

600 member companies

Participation public sector

--

For full text/further information consult/contact

www.sito.se

Possible/expected evolution of the initiative

--

Name of Initiative

The Canadian Association of Internet Providers (CAIP) Code Of Conduct

Objective

To govern the business conduct of ISPs as it relates to the public, public bodies and law enforcement officials.

Enforcement mechanism(s)

Voluntary adherence.

Leader(s) initiative

Issuing/

implementing organisation(s)

The Canadian Association of Internet Providers (CAIP)

Supporting organisation(s)

Industry Canada

[expected] Date of issuance / implementation

October 1996

Scope

General

To assist ISPs with the development and implementation of internal policies and practices to comply with existing legal standards. 

Sector

Internet Service Providers

Geographic

Canada

Examples of application

The Code will guide ISPs when the receive complaints about illegal content on web sites or network abuse.

Participation public sector

Industry Canada

For full text/further information consult/contact

www.caip.ca/caipcode.html

Possible/expected evolution of the initiative

CAIP is currently developing a “Fair Practices” guide for its ISP members that will, among other things, provide them with further direction regarding practical means and tools to comply with the Code of Conduct.

Name of Initiative

The Canadian Association of Internet Providers (CAIP) Privacy Code

Objective

To apply the principles of the Canadian Standards Association Model Code for the Protection of Personal Information to the online environment.

Enforcement mechanism(s)

Voluntary.

Leader(s) initiative

Issuing/

implementing organisation(s)

The Canadian Association of Internet Providers

Supporting organisation(s)

Industry Canada

[expected] Date of issuance / implementation

September 1998

Scope

General

The CAIP Privacy Code is a voluntary code that represents a formal statement of principles and guidelines concerning the minimum protection that CAIP members will provide to their users regarding the protection of personal information. The Code applies to the management of personal information about a CAIP member’s users in any form whether oral, electronic or written that is collected, used or disclosed by a member.

Sector

Internet Service Providers

Geographic

Canada

Examples of application

Participation public sector

Ministry of Consumer and Commercial Relations (ON)

For full text/further information consult/contact

www.caip.ca/privacy.html

Possible/expected evolution of the initiative

CAIP is currently developing a “Fair Practices” guide for its ISP members that will, among other things, provide them with further direction regarding practical means and tools to comply with the CAIP Privacy Code.

Name of Initiative

The Canadian Association of Internet Providers CAIP ISP Fair Practices

Objective

To provide CAIP members with practical means to comply with CAIP’s Code of Conduct and Privacy Code, and thereby promote consumer confidence in the use of the Internet.

Enforcement mechanism(s)

Voluntary.

Leader(s) initiative

Issuing/

implementing organisation(s)

The Canadian Association of Internet Providers (CAIP).

Supporting organisation(s)

Industry Canada

[expected] Date of issuance / implementation

Fall 1999

Scope

General

To create modular action plans to help ISPs address issues relating to reputable delivery of service, content, privacy, security and unsolicited commercial email (spam). 

Sector

Internet Service Providers (ISPs)

Geographic

Canada

Examples of application

The document will provide guidance to ISPs respecting procedures to follow when they receive complaints about illegal or objectionable content and the formation of contracts to be used with subscribers and web site owners.

Participation public sector

Industry Canada

For full text/further information consult/contact

www.caip.ca

Possible/expected evolution of the initiative

Name of Initiative

Canadian Standards Association Model Code for the Protection of Personal Information

Objective

Addresses two broad concerns: the way in which organisations collect, use and disclose personal information; and the right of individuals to have access to personal information about themselves and to have the information corrected if necessary.

Enforcement mechanism(s)

Voluntary, but referenced by law or regulatory bodies in a variety of situations in Canada.

Leader(s) initiative

Issuing/

implementing organisation(s)

Canadian Standards Association (CSA)

Supporting organisation(s)

Price Waterhouse - chair

ITAC

CBA

Stentor

American Express

Public Interest Advocacy Centre

Digital

[expected] Date of issuance / implementation

March 1996

Scope

General

Consumer -to-Business

Sector

Transportation, Telecommunications, IT, Insurance, Health and Banking

Geographic

Canada

Examples of application

Industry Canada - Jan 1998 - The Protection of Personal Information suggests using the CSA Model as a framework for Canadian legislation on privacy.

Participation public sector

Ministry of Consumer and Commercial Relations (ON)

Industry Canada

Office of Privacy Commissioner

Department of Justice

Heritage Canada

For full text/further information consult/contact

CSA

178 Rexdale Blvd.

Etobicoke, Ontario  M9W 1R3

Tel: (416) 747-4044

Ellen Pekiles

pekilise@csa.ca

Possible/expected evolution of the initiative

Name of Initiative

CAP Trustmark Scheme for UK Internet Advertising

Objective

A self-regulatory scheme for UK Internet advertising so that advertisers can declare to consumers their intention to advertise in a legal, decent, honest and truthful way.  Those joining the scheme agree to comply with the British Codes of Advertising and Sales Promotion and the rulings of the Advertising Standards Authority.  Main aims are to:

-          give consumers trust and confidence in Internet advertising, especially advertising in the Trustmark scheme, and

-          inspire the confidence of governments, opinion formers and consumers in self-regulation for Internet advertising to ensure that new legislation on advertising is kept to a minimum.

Enforcement mechanism(s)

Voluntary agreements between advertisers, agencies and the media to comply with the British Codes of Advertising and Sales Promotion and rulings of the Advertising Standards Authority, backed up by legislation applied by the Office of Fair Trading (a government department) through the Control of Misleading Advertisements Regulations 1988.  Adjudications on complaints under the Codes are published in the ASA’s Monthly Report, which is published on the ASA’s website and circulated in a printed version to journalists, government departments, the advertising industry, opinion formers and is available free of charge on request.  The use of the CAP trustmark scheme does not indicate “approval” by either the ASA or CAP of the advertising material on the Internet. ASA will consider complaints against UK advertisers who are not in the scheme as well as against those who are in the scheme.

Leader(s) initiative

Issuing/

implementing organisation(s)

The Committee of Advertising Practice through its Trustmark Standing Group

Supporting organisation(s)

The Advertising Standards Authority

[expected] Date of issuance / implementation

Spring 1999 (subject to consultation)

Scope

General

The British Codes of Advertising and Sales Promotion cover consumer-to-business and business-to-business non-broadcast advertising.  The Trustmark scheme is principally aimed at giving consumers confidence in business-to-consumer advertising. 

Sector

The Trustmark scheme and the Codes apply to UK Internet advertising and the use of the scheme will enable companies to declare to consumers that the UK is their county of origin and that they will cooperate with the ASA and CAP in resolving complaints.

Geographic

The UK Codes also cover the Isle of Man and the Channel Islands.

Examples of application

In 1998, ASA resolved 34 complaints about on-line ads, 6 required formal investigation and all of them were found to break the Codes, a further 8 presented smaller or clear-cut problems and were informally resolved.

Participation public sector

Consultation on the Trustmark scheme will include discussions with the relevant UK Government departments, in particular the Department of trade & Industry and the Office of Fair Trading, and also local government agencies, consumer organisations.  At this stage consultation is with the trade bodies in CAP, the Internet advertising industry and related trade bodies.

For full text/further information consult/contact

Caroline Crawford, Director of Communications, ASA/CAP

2 Torrington Place, London WC1E 7HW

tel: 44-171-580 5555

Fax: 44-171-637 5979

Possible/expected evolution of the initiative

ASA is one of the 22 countries in the European Advertising Standards Alliance (see further in this annex). The scheme will also be recommended to the ICC for consideration in their discussion on the arbitration of complaints under its Internet Advertising Guidelines.

Name of Initiative

Casetrust

Objective

Allowing a balance to be struck between the concerns of consumers and the constrains faced by retailers. 

Enforcement mechanism(s)

Casetrust aims to address the assurance issue in e-commerce by making it compulsory for all cybershops to have in place proper security systems in order to join the scheme.  Participating online retailers are also required to adopt a set of business practices such as respecting the privacy of customers’ personal information.  Consumers can verify that the website is a genuine Casetrust retailer by referring to the online directory developed by CNSG.  The Casetrust qualifying criteria set out the minimum standards that retailers must comply with.  Retailers who qualify for the scheme will be awarded the Casetrust logo, which may then be displayed prominently on their websites or shopfronts.  Checks will be conducted at random to ensure that the retailers practice what they preach.  In addition, all retailers will be subjected to annual assessment to ensure that standards are maintained.  Casetrust offers redress to consumers who may be dissatisfied with their purchases.  If the matter is not resolved amicably within a reasonable period of time, it will then be brought up to the Casetrust mediation panel for resolution.  The emphasis on dispute resolution and avoidance, will also lay the ground for a Fair Trading legislation.

Leader(s) initiative

Issuing/

implementing organisation(s)

Consumers Association of Singapore (CASE)

Retail Promotion Centre (RPC)

CommerceNet Singapore Ltd (CNSG)

Supporting organisation(s)

National Computer Board

Singapore Broadcasting Authority

[expected] Date of issuance / implementation

End 1999

Scope

General

Sector

On-line & physical shopfronts

Geographic

Singapore

Examples of application

Participation public sector

NIL

For full text/further information consult/contact

Retail Promotion Centre

Blk 528 Ang Mo Kio Avenue 10 #02-2387

Singapore 560528

Possible/expected evolution of the initiative

Internationalisation of the cyber element

Name of initiative

CBI Contractual Clauses and Group Policies

Objective

To enable data transfers to countries outside the EEA

Enforcement mechanism(s)

Via obligations and warranties

Leader(s) initiative

Issuing/

implementing organisation(s)

CBI

Supporting organisation(s)

[expected] Date of issuance / implementation

Still seeking approval from the UK’s Data Protection Registrar and the Commission

Scope

General

Sector

All sectors

Geographic

All countries

Examples of application

Can be used to ensure adequate protection for employee data being transferred from a subsidiary company in the EEA to a parent company outside the EEA.

Participation public sector

For full text/further information consult/contact

Jackie Walster, CBI Company & Commercial Law Group- 0171 395 8045

Possible/expected evolution of the initiative

Hope to finalise by end ‘99

Name of initiative

Certification Authority Guidelines

Objective

These guidelines are intended for operators of certification authorities, and put a special focus on certification authorities in large, open systems that issue certificates available for electronic transactions and payment, electronic data exchange, electronic mail, etc. conducted among many unspecified people.

Enforcement mechanism(s)

Voluntary

Leader(s) initiative

Issuing/

implementing organisation(s)

Electronic Commerce Promotion Council of Japan (ECOM)

Supporting organisation(s)

[expected] Date of issuance / implementation

March, 1998

Scope

General

Business-to-consumer

Sector

Non sector-specific

Geographic

Japan/International

Examples of application

Participation public sector

For full text/further information consult/contact

http://www.ecom.or.jp/ecom_e

info@ecom.or.jp

Possible/expected evolution of the initiative

Will be updated regularly as needed

Name of Initiative

Clicksure

Objective

Clicksure provides accredited third party certification of e-commerce operations which meet a quality standard overseen by an independent Advisory Council.

The clicksure quality standard covers everything that a quality e-commerce operation should be thinking about to achieve a best practice e-commerce solution.

Clicksure certified operations demonstrate their commitment to, and achievement of e-commerce quality by displaying the clicksure Quality Seal on their web sites, on promotional literature and stationery.

Enforcement mechanism(s)

Independent third party assessment of all certified operations; and continuous surveillance of the Quality Seal

Leader(s) initiative

Issuing/

implementing organisation(s)

The clicksure program complies with ISO Guide 62 – the International Organization for Standardization guide for global voluntary certification bodies. Clicksure is has applied for accreditation to EN45012 by the Dutch National Competent Authority (RvA).  EN45012 is the European standard for certification bodies providing quality assurance verification.

EN45012 Accreditation requires clicksure to maintain up to date quality and procedures manuals; and adequate training and skills for all personnel – especially assessors. Clicksure is regularly auditied by RvA to ensure that our quality practices are implemented and that all our decisions are impartial.

Supporting organisation(s)

Clicksure has a signatories program.  Current members are listed on the program web site.

[expected] Date of issuance / implementation

The clicksure program was launched on 23^rd June 1999.

Scope

General

Quality assurance, including both performance and process criteria

Sector

All sectors

Geographic

Worldwide

Examples of application

Expect to have over 400 participating e-commerce operations by the end of 1999.

Participation public sector

The clicksure program is open to all stakeholder groups ; and clicksure is keen to involve public sector bodies in its development.  Ongoing activities include close collaboration with a number of national governments.

For full text/further information consult/contact

Clicksure Limited

Oxford Centre for Innovation

Mill Street

Oxford OX2 0JX

Tel : +44 (0)1865 242309

Email : info@clicksure.com

url : www.clicksure.com

Name of initiative

Code of Conduct for Electronic Commerce

Objective

To draft a framework with a minimum set of rules for model behaviour, which might gain commitment of all parties involved in electronic commerce and thus attribute to the process of building trust and confidence. The general principles Transparency, Reliability and Confidentiality and privacy have been taken as a starting point.

Enforcement mechanism(s)

Contractually binding for subscribers, possibly agreements on private-law settlement of disputes. Certification will possibly be another way of enforcement.

Leader(s) initiative

Issuing/

implementing organisation(s)

The Dutch Electronic Commerce Platform (ECP.NL).

Supporting organisation(s)

the Confederation of Netherlands Industry and Employers (VNO-NCW), individual companies, the Dutch consumer organisation Consumentenbond, as well as the Economic Affairs Department and the Justice Department.

[expected] Date of issuance / implementation

Draft 2.0 was released in July 1999

Scope

General

Business-to-business; Business-to-consumer

Sector

All sectors

Geographic

No limits

Examples of application

Participation public sector

See "Supporting organisations"

For full text/further information consult/contact

Arie-van.bellen@ecp.nl (Mr. Arie van Bellen)

Nicolette.docter@ecp.nl (Ms. Nicolette Docter)

Possible/expected evolution of the initiative

The code may serve as a basis for sector specific codes of Conduct.

Name of initiative

Code of conduct on privacy

Objective

To translate the EU privacy directive, especially those principles that can be found in the OECD Privacy Guidelines, into practical and balanced guidelines for the legitimate processing of personal data and to ensure an adequate level of protection in the private sector. Leading principles are market demand and consumer empowerment.

Enforcement mechanism(s)

Easy accessible complaint procedures and alternative dispute resolutions. Depending on the way the sector is organized: contractually binding or via members/subscribers. Certification will most probably be another way of enforcement.

Leader(s) initiative

Issuing/

implementing organisation(s)

Joint inititative of the Dutch consumers association, the Consumentenbond and the Confederation of Netherlands Industry and Employers VNO-NCW

Supporting organisation(s)

The Dutch private sector

[expected] Date of issuance / implementation

Adopted by Dutch industries in December 1998.

Scope

General

Business-to-business; Business-to-consumer

Sector

All sectors

Geographic

No limits, also no clause on jurisdiction

Examples of application

Participation public sector

For full text/further information consult/contact

shkatus@vno-ncw.nl (Sergej Katus)

Possible/expected evolution of the initiative

If desired by the market, the code may serve as a basis for sector specific privacy codes.  A code of conduct for the working environment is considered as well.

Name of Initiative

CPA WebTrust

Objective

1)       To build trust and confidence in eCommerce by increasing consumer confidence in using the Internet

2)       Helping businesses deliver on their sales promises

Enforcement mechanism(s)

WebTrust involves a full-scope audit of a website by an independent, specially trained CPA, or their equivalents around the world, using the WebTrust Principles and Criteria as a benchmark to determine the soundness of on-line businesses’ activities.  Due to the nature of an audit, WebTrust is an effective eCommerce fraud deterrent and a comprehensive eCommerce seal of assurance.  All WebTrust audits are performed on site and involve a critical review of online businesses internal control policies and procedures related to eCommerce.

Leader(s) initiative

Issuing/

implementing organisation(s)

American Institute of Certified Public Accountants, Canadian Institute of Chartered Accountants

Supporting organisation(s)

VeriSign, Inc. is a strategic partner of CPA WebTrust and offers state of the art encryption technology to prevent the WebTrust seal from being copied on the Web.

[expected] Date of issuance / implementation

Version 1.0 issued September 1997; Version 1.1 issued April 1999; Version 2.0 issued August 1999

Scope

General

CPA WebTrust entails an independent CPA performing an audit of a website’s (1) business practices and privacy (tests to perform that an online business properly discloses business and privacy disclosures and can demonstrate compliance with those policies over a given time period); (2) transaction integrity (tests to determine that an on-line business can demonstrate a proven history of delivery goods and services at prices it agreed to with online consumers) and (3) information privacy (tests to determine that appropriate security measures are in place (such as firewalls, SSL technology) both during transmission of data online and also once information reaches an on-line business. 

Sector

WebTrust is available to all sectors (public and private)

Geographic

WebTrust is currently offered in the United States, Canada, the United Kingdom and Ireland, France, Australia and New Zealand.  Plans are underway for future expansion into other European countries and Asia.  Certain accounting firms have been granted worldwide licenses to offer WebTrust in any country where they have offices. WebTrust is scalable upwards to meet more rigorous laws or regulations in certain countries.  No exceptions or exclusions are ever made to the fundamental WebTrust Principles and Criteria.

Examples of application

WebTrust is currently designed for use in a business to consumer application.  The AICPA has recently added WebTrust for Internet Service Providers into the WebTrust family of services.  Also expected in the near future are WebTrust for Certificate Authorities and WebTrust for Business to Business applications.

Participation public sector

None

For full text/further information consult/contact

Anthony Pugliese, Director of Assurance Services (212) 596-6083, apugliese@aicpa.org

Sheryl Weiner, WebTrust Team Leader, (201) 938-3751, sweiner@aicpa.org

Possible/expected evolution of the initiative

The AICPA anticipates WebTrust will evolve into the recognized seal of choice by consumers and businesses alike due to the fundamental nature of the program itself.  It represents an independent examination by a qualified CPA or their equivalents around the world.  WebTrust is an effective self- regulatory model for government due to its inherent fraud detection capabilities and its comprehensive nature. 

Name of initiative

Cross Certification Guidelines (alpha version)

Objective

An end entity will need to possess multiple certificates, including certificates used across multiple applications, as well as certificates used on a per service or application basis.  This document is provided for end entities using multiple application certificates to enjoy various types of services through the use “cross certificates” issued by the same or another certification domain.

Enforcement mechanism(s)

Voluntary

Leader(s) initiative

Issuing/

implementing organisation(s)

Electronic Commerce Promotion Council of Japan (ECOM)

Supporting organisation(s)

[expected] Date of issuance / implementation

March, 1998

Scope

General

Business-to-consumer

Sector

Non sector-specific

Geographic

International

Examples of application

Participation public sector

For full text/further information consult/contact

http://www.ecom.or.jp/ecom_e

info@ecom.or.jp

Possible/expected evolution of the initiative

Will be updated regularly as needed

Name of initiative

Cybercrime Unit of ICC Commercial Crime Services

Objective

To investigate, collate & disseminate information to the industry on all matters relating to commercial cybercrime

Enforcement mechanism(s)

None

Leader(s) initiative

Implementing organization(s)

ICC Commercial Crime Services

Supporting organization(s)

(Expected) Date of issuance/implementation

01/01/2000

 Scope                 

General

Commercial Crime & Malpractice

Internet & Corporate Networks

Sector

Non-sector specific

Geographic

Worldwide

Examples of application

Not yet available

Participation public sector   

Yes, works closely with Government Agencies and Law Enforcement.

For full text/further information

Consult/contact

P Mukundan, Director, ICC-Commercial Crime Services

Ccs@dial.pipex.com

Possible/expected evolution of the

Initiative

To become a focal point for business in respect of information regarding

Commercial cybercrime.

Name of initiative

Cybernotary project

Objective

Establishment of profession to enable electronic certification and authentication of documents

Enforcement mechanism(s)

General law requiring the intervention of the Notary

Leader(s) initiative

Issuing/

implementing organisation(s)

CyberNotary Association UK

Supporting organisation(s)

UK Notarial Forum comprising Society of Scrivener Notaries, Notaries' Society and Law Society of Scotland

[expected] Date of issuance / implementation

Early 2000

Scope

General

World-wide application

Sector

Legal

Geographic

UK based

Examples of application

All forms of legal documentation, transfers of real estate, commercial contracts

Participation public sector

Some backing from EU DG XIII

For full text/further information consult/contact

CyberNotary Association UK, 26 Drumsheugh Gardens

Edinburgh EH3 7YR

Possible/expected evolution of the initiative

Mirrors similar scheme in the USA

Name of initiative

Cybertribunal

Objective

The establishment of an innovative service for the prevention and resolution of conflicts arising in cyberspace by recourse to electronic mediation and arbitration.

Enforcement mechanism(s)

The market.  Cyber-sellers (including any physical or legal person offering products, services or licenses on the Internet) are invited to obtain the CyberTribunal seal and post it on their Websites, thereby committing to submitting any conflict with clients to the mediation process and, if necessary, the CyberTribunal arbitration procedure.

Leader(s) initiative

Issuing/

Implementing organisation(s)

The CyberTribunal is for now hosted at the University of Montreal, Quebec, Canada.

Supporting organisation(s)

Ombuds-Online, an online mediation initiative, of the University of Massachussetts, USA.

[expected] Date of issuance /implementation

June4th, 1998

Scope

General

Areas of action are: electronic commerce, competition, copyright, trademark, privacy, freedom of expression and all other type of cases with the exception of cases under criminal law or involving public order (ordre public).  Services of arbitration and mediation are offered in English and French, and soon, in Spanish. The CyberTribunal will deal only with conflicts arising in cyberspace, not with conflicts arising in the physical world.

Sector

Non sector-specific

Geographic

No geographic boundaries: the Internet

Examples of application

The CyberTribunal has dealt, since its launch, with cases involving mainly consumers and cyber-sellers (e-commerce disputes) and with copyright issues (disputes between two individuals concerning the ownership of some electronic materials accessible through a website).

Participation public sector

Sponsored, in part, by the Quebec Government and the Government of Canada

For full text/further information consult/contact

Prof. Karim benyekhlef at <karim.benyekhlef@umontreal.ca>

URL: <www.cybertribunal.org>

Possible/expected evolution of the initiative

Setting up partnerships with similar foreign endeavours to provide mediation and arbitration services worldwide on the Internet.

Name of Initiative

Digital Signatures for XML

Objective

Build privacy protection and personal information management tools into the infrastructure of the World Wide Web

Enforcement mechanism(s)

P3P is a voluntary technical specification

Leader(s) initiative

Issuing/

implementing organisation(s)

World Wide Web Consortium
Internet Engineering Task Force

Supporting organisation(s)

[expected] Date of issuance / implementation

1Q2000

Scope

General

Digital Signatures/Authentication

Sector

Geographic

Global

Examples of application

Ability to digitally-sign any document on the Web will enable applications such as electonic checks, web-based contracting, secure access to web pages, and trusted privacy policies through W3C’s Platform for Privacy Preferences (P3P).

Participation public sector

For full text/further information consult/contact

Daniel J. Weitzner, Technology and Society Domain Leader, djweitzner@w3.org - http://www.w3.org/Signature/

Possible/expected evolution of the initiative

Name of initiative

Dispute resolution for electronic commerce & Y2K

Objective

ICC offers a variety of high-speed, low-cost methods for resolving Y2K and electronic commerce disputes through arbitration under the 1998 ICC Rules of Arbitration; Fast-track arbitration under the 1998 rules; Centre for Expertise for use prior to any formal dispute resolution mechanism; ICC Rules for Optional Conciliation, which is a form of voluntary and non-binding mediation.

Enforcement mechanism(s)

After voluntary incorporation into a contract an arbitration clause becomes binding upon the parties.  Pursuant to various treaties (i.e. the New York Convention), arbitral awards are enforceable in signatory states.  Alternate dispute resolution mechanisms may be appropriate vehicles for the enforcement of self-regulatory guidelines, codes and practices.

Leader(s) initiative

Issuing/

implementing organisation(s)

ICC (International Chamber of Commerce)

Supporting organisation(s)

[expected] Date of issuance / implementation

Specific rules under development; new generic arbitration rules in effect since 1 January 1998.

Scope

General

Mostly business-to-business, but consumer-to-business disputes are not excluded.

Sector

Non sector-specific.

Geographic

International

Examples of application

Participation public sector

None

For full text/further information consult/contact

http://www.iccwbo.org

Fabien Gelinas, +33-1-9532943

Possible/expected evolution of the initiative

ICC dispute resolution mechanisms will continue to evolve to meet business needs in electronic commerce and generally.

Name of Initiative

European Advertising Standards Alliance (EASA): Cross-Border Complaints System

Objective

The key objectives of the EASA’s development of self-regulation for the Internet are:

a)        To provide effective channels for the resolution of cross border complaints about advertisements;

b)       To develop high Internet standards through best advertising practice to give consumers confidence and trust in the advertisements they access;

c)        To give national, European and International Governments, consumer bodies and opinion formers confidence in the advertising industry’s self-regulatory systems to keep the need for legislation to a minimum.

Enforcement mechanism(s)

National self-regulatory systems

Leader(s) initiative

Issuing/

implementing organisation(s)

EASA Internet Working Group/ National Self-regulatory Organisations

Supporting organisation(s)

EASA Members – Self-regulatory Organisations

[expected] Date of issuance / implementation

(July 1999 – issued to advertising industry bodies for consultation/feedback) Issuance expected in 2000

Scope

General

National self-regulatory codes/principles. The existing national self-regulatory systems for advertising in the EASA member countries

Sector

Geographic

The EASA has 27 members from 24 countries, and comprises of 22 European countries, including all European Union (EU) Member States, as well as two corresponding members in South Africa and New Zealand.  The national codes/principles are based on those drawn up by ICC.

Examples of application

The EASA established a cross border complaint procedure in 1992, and this has now been extended to co-ordinate consumer complaints about the content of electronic advertisements. The procedure is based on the country of origin principle, as prescribed in the EU Television Without Frontiers (Broadcasting) Directive (97/36/EC) and applies to complaints from one member country about advertisements that originate in another. These procedures are applicable for Internet advertising as self-regulation, backed up where appropriate by nationally based legislation, is seen to be the most appropriate and effective measure to provide protection for consumers while enabling commerce to flourish. To date the cross-border complaints system has closed a number of Internet complaints.

Participation public sector

National organisations and EU

For full text/further information consult/contact

Phil Murphy

Project Co-ordinator

European Advertising Standards Alliance

10A Rue de la Pépinière   

B - 1000 Brussels  Belgium   

Tel.: (+32 2) 513 78 06    Fax: (+32 2) 513 28 61

E-mail: library@easa-alliance.org

Possible/expected evolution of the initiative

This will contribute to a wider evaluation of internet advertising and cross-border complaints handling with the advertising industry, and to the stimulation of discussions that will aid our understanding and further develop the self-regulation of Internet advertising on a global level.

Name of initiative

Electronic Notary System Guidelines

Objective

These guidelines concern those who participate in electronic commerce, MIS departments in companies, and electronic notary service providers. It establishes guidelines for safe, secure electronic commerce.

Enforcement mechanism(s)

Voluntary

Leader(s) initiative

Issuing/

implementing organisation(s)

Electronic Commerce Promotion Council of Japan (ECOM)

Supporting organisation(s)

[expected] Date of issuance / implementation

March, 1998

Scope

General

Business-to-consumer

Sector

Non sector-specific

Geographic

Japan (nation wide)

Examples of application

Participation public sector

For full text/further information consult/contact

http://www.ecom.or.jp/ecom_e

info@ecom.or.jp

Possible/expected evolution of the initiative

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Name of initiative

Electronic Original Initiative

Objective

To provide by Codes of Good Practice a “Standard” for the acceptance at court and for archival purposes of electronic documents and e-commerce transactions.

5 Codes cover technical and operational requirements for:

1.        Information Stored Electronically

2.        Electronic Communications and e-mail Policy

3.        Identity, Signature and Copyright

4.        Using Certification Authorities

5.        Using Trusted Third Party Archives

Enforcement mechanism(s)

Voluntary: audits can be by self audit or use of outside consultants.

Leader(s) initiative

Issuing/

implementing organisation(s)

Set up by Group 5 Group as not for profit organisation

Supporting organisation(s)

Supported by Advisory Board

Publishers / Branders 10/15

Reviewers 35

Legal change, Europe, USA and Oceania

[expected] Date of issuance / implementation

First five publishers 20/9/99 10 to follow

Scope

General

Generic not technology specific

Sector

All

Geographic

Worldwide

Examples of application

Provides essential bases for development of e-business and e-commerce. Initial Code based on UK Government and Lord Chancellors Office request.

Participation public sector

Legal Change see above

For full text/further information consult/contact

www.group5.net/publications/electronic.htm

Possible/expected evolution of the initiative

Will be updated as required. Being translated into several languages

Name of initiative

European Electronic Signature Standardisation Initiative (EESSI)

Objective

Industry initiative with the support of the two ICT European standardisation bodies, CEN and ETSI, to provide implementation frameworks in support of the future European Directive on Electronic Signature.

Such frameworks should be built upon international standards and other form of voluntary agreements which can be used to provide legally recognised signatures not only across Europe, but at global level through international cooperation.

The ultimate objective is the publication by CEN and ETSI of industry agreed documents, relating to the technical infrastructure and self-regulatory guidelines for certification authorities and the like.  Some documents could ultimately become European standards.

Enforcement mechanism(s)

Compliance with the minimal legal framework stated by the European Directive

Leader(s) initiative

Issuing/

implementing organisation(s)

EESSI Steering Group

Supporting organisation(s)

ICT Standards Board

[expected] Date of issuance / implementation

1^st step (assessment of existing standards, standardisation needs in light of market requirements, proposals for action) achieved (July 99).

2^nd step (workprogramme) in preparation for approval before end of year after intense international consultation.

Scope

General

Legal recognition of electronic signature in the open electronic commerce environment

Sector

Non sector specific

Geographic

1^st priority European Union (domain of application of the European Directive), overall objective: international.

Examples of application

Participation public sector

European Commission, EU Member States

For full text/further information consult/contact

1^st step Final Report available on http://www.ict.etsi.org/

Possible/expected evolution of the initiative

Consult http://www.ict.etsi.org/

Name of initiative

ESOMAR Internet guideline

Objective

To outline the main principles which must be followed in carrying out research on (or about) the Internet and in reporting the findings of such research with the objective to protect the interests both of Internet respondents and of the users of Internet research findings.

Enforcement mechanism(s)

Complaints procedures through ESOMAR. This guideline is based on the principles of the ICC/ESOMAR International Code of Social and Marketing Research which has been undersigned by all ESOMAR members, the management of research institutes with ESOMAR members and by 68 associations in 41 countries worldwide.

Leader(s) initiative

Issuing/

implementing organisation(s)

ESOMAR

Supporting organisation(s)

ADM in Germany, national market research societies in Norway, Spain, Switzerland and Sweden as well as Association of Swedish Advertisers and Swedish Newspapers Publishers Association and MRA in USA

[expected] Date of issuance / implementation

ESOMAR 1998

Scope

General

Business-to-consumer and business-to-business

Sector

Market, opinion and social research

Geographic

Worldwide

Examples of application

Participation public sector

For full text/further information consult/contact

Www.esomar.nl or k.joe@esomar.nl

Possible/expected evolution of the initiative

Will be updated regularly as needed. Next up-date to be available in 2000

Name of initiative

General Usage for International Digitally Ensured Commerce (GUIDEC)

Objective

A set of common definitions and business-generated best practices for certifying and "ensuring" electronic commerce to:

·          facilitate further development of solutions to security

·          identify problems in electronic commerce over the Internet

·          Act as a unifying or starting point for some of the diverging policy approaches.

Enforcement mechanism(s)

Voluntary.

Leader(s) initiative

Issuing/

implementing organisation(s)

ICC (International Chamber of Commerce)

Supporting organisation(s)

[expected] Date of issuance / implementation

November 1997

Scope

General

Business-to-business

Sector

Non sector-specific.

Geographic

International

Examples of application

GUIDEC has been widely referred to in the press and by industry as a unique reference for industry best practices and harmonised definitions.  It has been submitted for use as reference material for UNCITRAL work on electronic signatures.

Participation public sector

None

For full text/further information consult/contact

http://www.iccwbo.org

Christiaan van der Valk, +33-1-49532913

Possible/expected evolution of the initiative

Will be updated in 1999

Name of initiative

Guideline for codes of practice for Internet Service Providers

Objective

This guideline consists of 7 Chapters, 20 articles and 2 additional rules. The objective of this guideline is to protect users (including minors) and to realise the sound development of Internet Connection Services by the members of Telecom Services Association of Japan by responding appropriately to various problems (illegal or harmful content etc.) arising from providing Internet Conn