Legislative Decree No. 70 of 9 April 2003 implements Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the internal market. This decree establishes specific rules for the provision of online services, including requirements for commercial communications, the formation and validity of electronic contracts, and the responsibilities of service providers.

The adviceservice on the application of Legislative Decree No 70 of 9 April 2003 is designed to help companies comply with the legal provisions on e-commerce and information society services.

Objectives

1. Regulatory Compliance: To ensure that the company complies with the provisions of Legislative Decree 9 April 2003, no. 70, reducing the risk of sanctions.
2. Consumer Protection: Implement practices that respect consumer rights in online contracts and transactions.
3. Transparency and Security: Ensure that information provided to consumers is clear, complete and secure.
4. Operational Efficiency: Optimise business processes to effectively manage online transactions and communications.

Modalities

1. Preliminary Assessment:
   • Assessment of Current Practices: Analysis of the company’s current e-commerce practices and online services to identify areas of non-compliance.
   • Mapping of Relevant Norms: Identification of the specific norms of the Legislative Decree applicable to the company.
2. Development of Policies and Procedures:
   • Drafting of Company Policies: Development of internal policies to ensure compliance with the provisions of the Legislative Decree.
   • Procedures for Commercial Communications: Implementation of procedures for the management of commercial communications in compliance with the legislation.
3. Contracts and Electronic Transactions:
   • Validity of Electronic Contracts: Advice on the formation and validity of electronic contracts, ensuring that they comply with legal requirements.
   • Security of Transactions: Implementation of measures to ensure the security of online transactions and the protection of consumer data.
4. Training and Awareness-raising:
   • Training Programmes: Design and implementation of training programmes for staff on the provisions of the Legislative Decree and e-commerce best practices.
   • Awareness Campaigns: Internal campaigns to raise staff awareness on the importance of regulatory compliance and consumer rights protection.
5. Monitoring and Review:
   • Periodic Audits: Conducting periodic audits to verify ongoing compliance with the Legislative Decree and identify possible improvements.
   • Policy Update: Review and update company policies according to regulatory changes and industry best practices.

Benefits

• Regulatory Compliance: Ensure that the company complies with all provisions of Legislative Decree No 70 of 9 April 2003, reducing the risk of sanctions and fines.
• Consumer Protection: Enhance corporate reputation by protecting consumer rights and promoting ethical e-commerce practices.
• Transparency and Security: Increase the transparency and security of online information and transactions, promoting brand trust.
• Operational Efficiency: Optimise business processes to effectively manage online transactions and communications..
• Risk Reduction: Minimise legal and reputational risks associated with non-compliant e-commerce practices.

Tools used

• Compliance Management Software: Tools for monitoring and managing compliance.
• Documentation: Procedures and records for managing electronic transactions.
• Training Platforms: Online tools and training materials for staff training and awareness-raising.
• Monitoring Dashboards: Tools to monitor compliance activities and verify the effectiveness of consumer protection policies

Final Considerations

365TRUST’s advice service on the application of Legislative Decree No 70 of 9 April 2003 is essential for companies operating in the e-commerce and online services sector. Through targeted advice and the implementation of effective policies, procedures and security measures, companies can improve their e-commerce practices, protect consumer rights, and promote a corporate culture oriented towards transparency and security.