Legal regulation of electronic marketing

Research output: Contribution to journalArticle

Abstract

The article analyses the legal regulation of electronic marketing in the European context. The historical and teleological perspective on past and present regulations of electronic marketing is provided. Emphasis is given on the ability of the legal rules to preserve the balance of private and entrepreneurial interests, and the desirable principles of the regulation of the socially beneficial electronic marketing. The paper concludes that the harmonization of legal regulation of electronic marketing at the European Union level is limited, which causes numerous negative consequences, such as jurisdiction shopping. Some countries (e.g. Finland) follow opt-out regimes for at least some types of electronic marketing, while other countries (including Lithuania) prohibit most forms of electronic marketing without the prior consent of the customer (opt-in). Thus, further regulation and harmonization of the electronic marketing law is suggested at the regional (the EU) and national level, along with more self-regulation and a balanced approach towards future regulation.
Original languageEnglish
Pages (from-to)349–370
JournalJurisprudencija: mokslo darbai
Volume121
Issue number3
Publication statusPublished - 2010

Fingerprint

Electronic marketing
Harmonization
Finland
Jurisdiction
Lithuania
Shopping
Self-regulation
European Union
Consent

Keywords

  • Electronic marketing
  • Data protection
  • Electronic marketing law

Cite this

Legal regulation of electronic marketing. / Kiskis, Mindaugas.

In: Jurisprudencija: mokslo darbai, Vol. 121, No. 3, 2010, p. 349–370.

Research output: Contribution to journalArticle

@article{45c5fea154804ed7b8364b5c9784b417,
title = "Legal regulation of electronic marketing",
abstract = "The article analyses the legal regulation of electronic marketing in the European context. The historical and teleological perspective on past and present regulations of electronic marketing is provided. Emphasis is given on the ability of the legal rules to preserve the balance of private and entrepreneurial interests, and the desirable principles of the regulation of the socially beneficial electronic marketing. The paper concludes that the harmonization of legal regulation of electronic marketing at the European Union level is limited, which causes numerous negative consequences, such as jurisdiction shopping. Some countries (e.g. Finland) follow opt-out regimes for at least some types of electronic marketing, while other countries (including Lithuania) prohibit most forms of electronic marketing without the prior consent of the customer (opt-in). Thus, further regulation and harmonization of the electronic marketing law is suggested at the regional (the EU) and national level, along with more self-regulation and a balanced approach towards future regulation.",
keywords = "Electronic marketing , Data protection , Electronic marketing law",
author = "Mindaugas Kiskis",
year = "2010",
language = "English",
volume = "121",
pages = "349–370",
journal = "Jurisprudencija: mokslo darbai",
issn = "1392-6195",
publisher = "Mykolas Romeris University",
number = "3",

}

TY - JOUR

T1 - Legal regulation of electronic marketing

AU - Kiskis, Mindaugas

PY - 2010

Y1 - 2010

N2 - The article analyses the legal regulation of electronic marketing in the European context. The historical and teleological perspective on past and present regulations of electronic marketing is provided. Emphasis is given on the ability of the legal rules to preserve the balance of private and entrepreneurial interests, and the desirable principles of the regulation of the socially beneficial electronic marketing. The paper concludes that the harmonization of legal regulation of electronic marketing at the European Union level is limited, which causes numerous negative consequences, such as jurisdiction shopping. Some countries (e.g. Finland) follow opt-out regimes for at least some types of electronic marketing, while other countries (including Lithuania) prohibit most forms of electronic marketing without the prior consent of the customer (opt-in). Thus, further regulation and harmonization of the electronic marketing law is suggested at the regional (the EU) and national level, along with more self-regulation and a balanced approach towards future regulation.

AB - The article analyses the legal regulation of electronic marketing in the European context. The historical and teleological perspective on past and present regulations of electronic marketing is provided. Emphasis is given on the ability of the legal rules to preserve the balance of private and entrepreneurial interests, and the desirable principles of the regulation of the socially beneficial electronic marketing. The paper concludes that the harmonization of legal regulation of electronic marketing at the European Union level is limited, which causes numerous negative consequences, such as jurisdiction shopping. Some countries (e.g. Finland) follow opt-out regimes for at least some types of electronic marketing, while other countries (including Lithuania) prohibit most forms of electronic marketing without the prior consent of the customer (opt-in). Thus, further regulation and harmonization of the electronic marketing law is suggested at the regional (the EU) and national level, along with more self-regulation and a balanced approach towards future regulation.

KW - Electronic marketing

KW - Data protection

KW - Electronic marketing law

M3 - Article

VL - 121

SP - 349

EP - 370

JO - Jurisprudencija: mokslo darbai

JF - Jurisprudencija: mokslo darbai

SN - 1392-6195

IS - 3

ER -