European Distance Selling Trade Association (EMOTA)

Summary of the initiative

Name
European Distance Selling Trade Association (EMOTA)
Objective(s)
Increasing clients' trust in the quality of the products/services; Improving sector's image. Distance selling companies are convinced that they play an important part in creating an integrated European Market. Within the limitations of the commercial proposal the consumer will be able to more easily purchase goods and services in countries other than his/her own. This will be enhanced and furthered by the possibilities offered by the electronic means of communication in terms of more direct contact and dialogue. The consumer has to be clearly informed about his/her rights and obligations, about the modalities of delivery and payment. It is essential that professional rules of conduct in addition to European and national regulations be laid down governing the (cross border) dealings between consumer and company. The Convention covers such aspects as offer, delivery, substitution of goods, data protection, cross-border transactions, disputes.

Description of the Initiative

    Sector

    Sector

    Contact Point - Commission
    GROW E4

    Self/Co-Regulation Basic Act

    PRIVATE ACT
    Year
    2002
    Title of Act
    European Convention on Cross Border Mail Order and Distance Selling

    Geographical Coverage

    Participating Countries
    Austria
    Other countries
    Russia

    Description

    Problems that lead to the introduction of Self/Co-Regulation and the adoption of the Founding Act
    Reluctance of consumers to buy using cross border mail order linked to information gaps and fears concerning guarantees.
    Target Group(s)
    Distance selling companies
    Type of Instrument(s)
    Unilateral code of conduct
    Type of Financing
    Fees from member associations
    Type of Monitoring
    Conduct an initial survey of compliance capacity of future regulateesConduct regular visits and spot checksInitiate complaints proceduresMaintain database of those bounded by the normsProduce regular reportsReceive complaints and verify if norms were breached or notReflexive dialogue with the - stakeholdersOther
    European Commission
    National public authority
    International public authority
    Private regulator (code owner)
    Private independent party with a mandate (e.g. auditors)
    Self-appointed private parties (e.g. NGOs)
    Succinct description of the type of Monitoring
    -
    Type of Enforcement
    Faming, shaming and blamingJudicial sanctionsMembership suspension/exclusionPrivate finesOther
    Private Regulatoryes
    Private independent party with a mandate (e.g. auditors)
    Court system
    Alternative dispute resolution (ADR) / Online dispute resolution (ODR)
    Succinct description of the type of Enforcement
    There are no sanctions for non-compliance.

    Results of Commission Monitoring

    Link / Reference of Evaluation
    -

    Downloads

    SMO self- and co-regulation database - private code 54