Product selection is an important aspect of e-commerce that needs to consider specific national restrictions. These may be product-specific restrictions that apply in all sales channels, such as the obligation to obtain a relevant authorisation in the case of selling or distributing certain products.
On a separate note, at the request of an entity whose rights have been infringed by a certain e-service, the Ministry of the Economy, the Ministry of Administration and Electronic Communications, the Agency for Electronic Communications, or a competent court (“relevant responsible authorities”) should take measures to limit the freedom to provide e-services to e-providers who cause or may cause damage, if the measures are necessary to protect:
- the public interest, especially the protection, investigation, and identification of a crime and initiating criminal proceedings, including the protection of minors and fighting against any type of race, sex, religion or nationality-based hatred, and infringement of human dignity regarding individuals;
- public health;
- public safety, including the protection of national security and defence; and
- consumers, including investors.
Before taking measures to limit the freedom to provide information services for e-providers with their registered seat in an EU-member-state, and without prejudice to court procedures, including investigative actions and acts implemented in a criminal investigation, the relevant responsible authorities should: (i) request that the other country takes measures, if it failed to take such measures or if they were inappropriate; and (ii) inform the competent bodies of other EU member states and the European Commission regarding the intention to take such measures.
In an urgent case, the relevant responsible authorities may make an exception from such obligations and take measures to limit the freedom to provide e-services and the e-providers with their registered seat in an EU member state. In such case, the relevant responsible authority should as soon as possible notify such measure and its reasons to: (i) the relevant responsible authority of the EU member state where the registered seat of the e-providers is located; and (ii) the European Commission. However, this does not apply to courts and court decisions.
Thus, it is crucial to check that all of the requirements are in place concerning the online sale of the relevant products on a case-by-case basis.
Social Media cookies collect information about you sharing information from our website via social media tools, or analytics to understand your browsing between social media tools or our Social Media campaigns and our own websites. We do this to optimise the mix of channels to provide you with our content. Details concerning the tools in use are in our privacy policy.