Besides specific
and general legal assistance services offered by Tonucci & Partners Information & Communication Technology Department,
users, upon fee payment, may directly select and receive
on-line all principal the models and statements required
under the normative applicable to on-line activities.
Web based activities are subject to specific normatives
implying peculiar legal binds. As of 14 May 2003 ,
all web sites offering goods and/or services or simply free
information must conform to the provisions set out in the
Decree 9 April 2003 n. 70 (transposing the EU Directive 2000/31/EEC
on "Electronic Commerce").
However, E-Commerce is not the only object of the Legislative
Decree 70/2003 since the same provisions apply to all "information
society related services" including web based activities
even of a diversified nature (i.e.: simple on-line promotion-like
presentation, provision of internet based information services,
regardless of the presence or not of fees, etc.).
In addition, the Decree 70/2003 introduces for the first time
in the Italian juridical framework a complete discipline on
business-to-business (B2B) relations, applying also to business-to-consumer
(B2C) relations (with this regard the discipline coordinates
with already existing consumers protection norms, such as the
Legislative Decree 206/2005 on consumers protection for distance
contracts signed on the web).
Users can download a series of ready to use models relative
to legal contents to be published on web sites (hereinafter
"Information Society Service" or "E-Commerce
Service" in
a wide sense or simply "Service") in order to
grant the conformity of the relative on-line activities to
the legal bind set out in the sector's normative, to
protect both users and web business operators, considering
that the latter ones in case of violation, will be fined
up to 10.000 Euros.
To keep up the task of conforming web sites to the sector's
applicable normative, with reference either to obligatory information
or to the proper web activity set up, the Information & Communication
Technology Department's Attorneys have structured a series
of standard models and statements ready to be used and already
complying with the enforced normative including, the above
mentioned example (i.e.: obligatory information according to
the Legislative Decree 70/2003 and 206/2005, legal notes necessary
for on-line contracts sign up, "anti-spamming" text
messages to accompany unsolicited commercial e-mails; data
protection related models for web sites which is a Service
in coordination with the Privacy
Law Service, etc.).
Some of the listed models are not obligatory under the
enforced normative, however we recommend that web based
activities operators set up higher protection levels either
with reference to user accessible contents (i.e.: disclaimer
copyright, legal notices, and on-line intellectual and
industrial property protection regime as set out in the
Legislative Decree 9 April 2003, n. 68 transposing the
EU Directive 2001/29/EEC on Copyright protection in the
Information Society) either in relation to the correct
and legitimate user's web site navigation (i.e.:
the web site General Condition of use model).
If further legal assistance not included in the Service
is required to customize the models, the situation should
be negotiated directly through the Information & Communication
Technology Department.
Before using the Service, we kindly ask you to read carefully
the Special
Conditions of use for the E-Commerce Service and
the instructions available on the first page of the Service
request procedure.
For any further information please mail to: ICT@tonucci.it.
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