PRESENTATION OF MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 10 – Information society and media Bilateral screening: Chapter 10 PRESENTATION OF MONTENEGRO Brussels, 21-22 January 2013

Chapter 10: INFORMATION SOCIETY AND MEDIA ELECTRONIC COMMERCE Kenan Duraković Adviser Ministry for Information Society and Media kenan.durakovic@mid.gov.me M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Chapter 10: INFORMATION SOCIETY AND MEDIA Relevant Acquis Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178 17.07.2000, p. 1“Directive on electronic commerce”) 32000L0031 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Chapter 10: INFORMATION SOCIETY AND MEDIA National Legislation Law on Electronic Commerce (Off. Gazette of Republic of Montenegro 80/04, 41/2010) The Law regulates providing of services for remuneration at a distance, by means of electronic equipment for the processing and storage of data, at the individual request of a recipient of a service (hereinafter: information society services), liability of information society services provider and rules related to conclusion of electronic contracts. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Institutional Framework Chapter 10: Information society and media Institutional Framework Ministry for Information Society and Telecommunication Ministry of Economy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Fields in which the Law shall not be applied Chapter 10: Information society and media Aim and field of application (Directive - Article 1, Number 5) Fields in which the Law shall not be applied   M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Internal market (Directive – Article 3) Chapter 10: Information society and media Internal market (Directive – Article 3) Regulation application Service providers with head office in Member State of the European Union Freedom of provision of services by the service provider with its headquarters in Member State of European Union and Measures of restrictions on freedom to provide services M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Freedom to provide services Chapter 10: INFORMATION SOCIETY AND MEDIA Principle excluding prior authorization (Directive – Article 4) Freedom to provide services M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Information to be provided Commercial communications Chapter 10: Information society and media Information to be provided (Directive - Articles 5 and 6) Information to be provided Commercial communications M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Unsolicited commercial communication (Directive – Article 7) Chapter 10: Information society and media Unsolicited commercial communication (Directive – Article 7) Unsolicited commercial communication Treatment of contracts (Directive – Article 9) The form and legal effectiveness of contracts M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Exemptions to contracts Subsidiary application Chapter 10: Information society and media Treatment of contracts (Directive – Article 9) Exemptions to contracts Objective and scope (Directive – Article 1) Subsidiary application M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Information to be provided and Placing of the order Chapter 10: Information society and media Information to be provided and Placing of the order (Directive – Articles 10 and 11) Information and notice to be provided prior to contract conclusion Information to be provided (Directive – Article 10) Contract availability M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Acknowledgment of receipt Chapter 10: INFORMATION SOCIETY AND MEDIA Placing of the order (Directive – Article 11) Acknowledgment of receipt Effective entry date M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Temporary storage (caching) Chapter 10: INFORMATION SOCIETY AND MEDIA Mere conduit (Directive – Article 12) Mere conduit Caching (Directive – Article 13) Temporary storage (caching) M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Permanent storage (hosting) Binding notifications Chapter 10: Information society and media Hosting (Directive – Article 14) Permanent storage (hosting) No general obligation to monitor (Directive – Article 15) Binding notifications M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Chapter 10: INFORMATION SOCIETY AND MEDIA Cooperation (Directive – Article 19) Informing Codes of conduct (Directive – Article 16) Code of Conduct M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Judicial protection Out-of-court settlement of disputes Chapter 10: Information society and media Court actions (Directive – Article 18) Judicial protection Out-of-court dispute settlement (Directive – Article 17) Out-of-court settlement of disputes M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Monitoring of law enforcement Infringements Chapter 10: Information society and media Cooperation (Directive – Article 19) Monitoring of law enforcement Sanctions (Directive – Article 20) Infringements M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Monitoring and Control Chapter 10: INFORMATION SOCIETY AND MEDIA Law on electronic commerce - Article 23 Competent authority, through inspectors, shall monitor and control application of this Law, in compliance with law. In order to perform monitoring, providers of information society services shall enable access to empowered persons from the Competent authority to electronic equipment and devices, as well as present or supply needed information and documents relating to the subject of monitoring. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Chapter 10: INFORMATION SOCIETY AND MEDIA eCommerce in Practice Businesses: The percentage of firms that have received orders via the Web site is 8.1%, while 11.7% of companies ordering products or services on the Internet in 2012. Individuals: The percentage of individuals who use the Internet, which are bought or ordered goods or services over the Internet amounted to 14.7% in 2012. Survey: National Statistical Office of Montenegro, 2012. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Chapter 10: INFORMATION SOCIETY AND MEDIA PayPal System Request of PayPal introduction, submited in 2009. Introduction of PayPal, met the requirements Montenegro on the PayPal user list from 2013, announced M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

Chapter 10: INFORMATION SOCIETY AND MEDIA Future Activities Ensure full transposition of the e-Commerce Directive through the ammended Law - Activity of 2013 Action Plan , adopted by Goverment. Article 6 of Law shall fully transpose Article 4 of ECD literally mentioning “prior authorisation or any other requirement having equivalent effect”. Article 9 of Law shall fully transpose Article 7 of ECD, mentioning that: unsolicited commercial communication should be clearly identifialbe as such service providers should regulary consult and respect opt-out registers Articles 18-20 shall be literaly changed to fully transposed Articles 1-14 of ECD. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

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