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“Making the Virtual Virtuous - towards a new approach to e-Comsumers”
David Byrne
In today’s world, our experience as consumers significantly shapes
our identity as citizens. From recent food safety problems to our
growing awareness about potential changes in our everyday
environment, today’s decision-makers are increasingly called on to
map out new public policy directions for tomorrow’s world. But
today, we are already aware that the economic landscape of
tomorrow’s Europe will be fundamentally re-shaped by the
aftershock of electronic technology. With the Internet revolution,
we are on the verge of the most fundamental transformation since
Henry Ford put society on wheels. The language of e-commerce, e-tailing,
and e-business signals that we are all moving into a hyphenated e-conomy.
For consumers this will radically change the nature of
transactions. In this cybereconomy, without the traditional
reassurance of bricks and mortar, a new policy environment is
needed to help overcome the barriers to consumer confidence. And
for many businesses consumer confidence is the holy grail. If we
are to succeed in bringing the European economy online – we need
to act quickly to overcome the consumer confidence barrier.
In the right policy environment, a dynamic service-oriented
business culture will win over consumers, increase internet
transactions and generate growth. And Europe’s e-conomy could log
on to a new era of prosperity.
In the new e-conomy, as the US demonstrates, quality and service
make and break new markets. As the Commission’s recent e-Europe
Communication underlines, the shift to a more service-driven
business culture is fundamental to achieving our potential. To
compete in this virtual globe, the consumer will have to come
first.
Otherwise we will continue to run a number the following risks:
· that a Single 2QOLQH Market will not develop properly, as
consumers continue to buy on-line within their own Member State.
· that the business-consumer market will not fulfil its potential
for EU-operators largely due to the failure to overcome the
barriers in the minds of consumers. · that instead of leading to a
breakthrough for SME’s, e-commerce remains limited to established
brands and retailers.
· that without a Single 2QOLQH Market, Europe will fail to develop
a thriving and competitive e-commerce sector with global reach,
similar to the US. Currently consumers do not trust e-commerce as
a transactional medium. This mistrust is an important barrier to
the completion of the Single 2QOLQH Market. It is due to the
inherent nature of e-commerce, given:
· The consumer bears all the transaction risk because payment is
made before receipt.
· The e-commerce site is less tangible than a “bricks and mortar”
shop.
· The security risk of transmitting financial and personal details.
· Concerns over performance of the contract - the weakness of
‘e-tailers’ delivery operations in the US has recently been
highlighted.
· Uncertainty about how to complain and seek redress..3
Therefore, to accelerate e-commerce, a new European approach is
needed that helps business and consumers to overcome the
confidence barrier blocking the development of a Single 2QOLQH
Market. It should ensure that the overwhelming majority of on-line
transactions will be trouble free. Member States and businesses
should then be able to reassure consumers that, when problems
arise, they can be resolved in a transparent, quick, effective and
unexpensive way. Against this background, as Commissioner
responsible for Consumer Protection I believe that the time is
right for the Commission to define a new approach to e-commerce
and e-consumers. As a first step, I believe that such a new
approach could gravitate around three core-elements:
·
Encouraging a market environment that rewards best business
practice, thereby ensuring that most transactions are trouble-free,
for example stimulating the development of trustmarks on the web,
and mobilising financial services to provide creditcard
chargebacks facilities ;
·
Promoting easy to use out of court settlement procedures.
Development of a range of alternative dispute resolution (ADR)
mechanisms and linking up a network of existing EU national ADR
schemes through the European Extra-Judicial Network (EEJ-Net).
Linking up existing ADR schemes is a first step in the development
of a comprehensive redress system. Disputes can be resolved by the
ADR in the country of origin of the business, but consumers have
the reassurance of knowing that they can access this body from
their own Member State, via the network. Urgent attention is
needed to encourage appropriate on-line solutions such as
cybertribunals.
·
Ensure a legal safety net and guarantee access to justice (Tampere
Conclusions) by adopting the ’Brussels’ Regulation. So that, when
all else fails, consumers could seek redress through the courts in
their own Member State. This approach minimises the regulatory
burden on business and encourages the evolution of a service
driven Single 2QOLQH Market benefiting consumers and business
alike. This is also a balanced approach:
Businesses which sign up to ADR systems and other best business
practices will be free to exploit the potential of the 2QOLQH_
Market as they can offer potential customers Europe-wide dispute
resolution whilst only having to joining an ADR in their country
of origin. (The Commission could use the time until the entry into
force of the Regulation to provide incentives for business and
Member States to develop ADR systems and other measures.)
Consumers are encouraged to shop on-line cross-border, reassured
by better service and the ‘Brussels’ Regulation.
Finally, at a global level, when shared interest exists, the
Commission should work closely with the US to set up the rules of
the game for the emerging e-commerce marketplace. European
business can then build on its strength to develop a competitive
service culture and to generate growth in the global new economy..4
And to prepare the ground for this new e-Consumer’s approach I
would call on decision-makers, business, consumer organisations
and other stakeholders to give me their views on the way forward
in the months ahead. In this way we can quickly get our consumers
to buy into the electronic revolution with proper incentives and
adequate safeguards. We need to work together to make a virtue of
the virtual. With tangible benefits for our citizens and
businesses alike...[Documento
Completo]
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