Editorial Director: Giusella Finocchiaro
Web Content Manager: Giulia Giapponesi

The 54th session of UNCITRAL Working Group IV on Electronic Commerce brought to a close work on the regulation of “Electronic Transferable Records”, following which a new Working Group on Identity Management was formed.

During the last session in Vienna, Working Group IV on Electronic Commerce of the United Nations Commission on International Trade Law (UNCITRAL) produced a final version of the International Model Law on Electronic Transferable Records and invited the UNCITRAL Secretariat to forward the text to all Member States and international organisations for their opinions, after which the text will then be submitted to the UNCITRAL Commission in Vienna in July 2017.

Over the last five years the Working Group’s activity focused on the definition, the rules and the use of these particular electronic financial data. As its President, Giusella Finocchiaro chaired the Working Group from 2012 until the termination of its work.

In its activity concerning ETRs, the Working Group drew inspiration from a number of fundamental principles such as those of technology neutrality and of non-discrimination between paper and electronic documents, keeping the impact on national substantive legislation to a minimum.

At the same time as they brought to an end their analysis of Electronic Transferable Records, the Working Group initiated a discussion on the new Identity Management project assigned by the Commission, which is currently an issue of significant national and international interest.

The new Working Group will be required to focus both on Digital Identification systems with a diversity of subjects and on bilateral systems and will have to take into consideration the identities of both natural persons and legal persons, without at the moment excluding digital objects. There was a reminder that the Commission’s mandate also concerns “Trust Services” the detailed study of which will be made in the future, but which will immediately be taken into consideration working out their definitions.

Therefore a group of experts has been created for the elaboration of first drafts. Given that the European Regulation on this subject has recently come into force, the European approach, which the Commission strongly supports, will be most significant.

 

posted by admin on maggio 9, 2016

E-commerce and contracts

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The fifty-third session of the Working Group on Electronic Commerce of the United Nations Commission on International Trade Law (UNCITRAL) will be held in New York, from 9th to 13th May 2016.

The Working Group’s activity will once again focus on “electronic transferable records”, with particular reference to current operating practices and related legislative issues. During the session there will be an analysis of the international draft provisions on the matter, which have been drawn up by the Secretariat on the basis of the deliberations of previous meetings.

As usual, the session was attended by Full Professor Giusella Finocchiaro as President of the Working Group and representative of the Italian Government at UNCITRAL. For further information please consult the section covering Working Group activities on the UNCITRAL website.

 

 

Digital identity management and trust services will be the main themes discussed at the colloquium convened by the Secretariat of the United Nations Commission on International Trade Law (UNCITRAL), that will take place on the 21st and 22nd of April 2016 at the Vienna International Centre.

During the meeting, Working Group IV on Electronic Commerce will focus its activity on legal issues related to identity management and trust services with a view to compiling information on the scope and methodology of future work in that area. The session will be attended by Full Professor Giusella Finocchiaro as President of the Working Group and representative of the Italian Government at UNCITRAL.

For further information please consult the section covering Working Group activities on UNCITRAL website.

 

 

posted by admin on novembre 6, 2015

E-commerce and contracts

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The fifty-second session of the Working Group on electronic commerce of the United Nations Committee on International Trade Law (UNCITRAL) will be held at the Vienna International Centre in Vienna from the 9th to the 13th November 2015.

The Working Group will work on notes by the Secretariat presenting the draft provisions on electronic transferable records.

In addition, the Working Group will hear an oral report of technical assistance and coordination activities undertaken by the Secretariat, including the promotion of UNCITRAL texts on electronic commerce.

During the previous session the Working Group deliberated on notes by the Secretariat presenting the draft provisions on electronic transferable records.

Session documents are available on the Working Group web page.

 

posted by admin on maggio 13, 2015

E-commerce and contracts

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The fifty-first session of the Working Group on electronic commerce of the United Nations Committee on International Trade Law (UNCITRAL) will be held at the UNO Headquarters in New York from the 18th to the 22nd May 2015.

The Working Group will continue its work on a detailed document regarding Electronic Transferable Records, which could form the new law model.

In addition, the Working Group will hear an oral report of technical assistance and coordination activities undertaken by the Secretariat, including the promotion of UNCITRAL texts on electronic commerce.

During the previous session the Working Group deliberated on notes by the Secretariat presenting the draft provisions on electronic transferable records.

Session documents are available on the Working Group web page.

10 June 2015 >  9.00 a.m. – 1.30 p.m.

The United Nations Working Group on Electronic Commerce Organizes in Bologna the Workshop “Open Issues on Electronic Commerce: the Digital Identity”

A meeting of experts to discuss the open issues on electronic identification in the context of electronic commerce. Two giants of the web, Google e AliBaba will also be taking part in the Workshop.

Legal experts and international specialists will meet up to take part in a United Nations Commission on International Trade Law Workshop

The international meeting “Open Issues on Electronic Commerce: the Digital Identity UNCITRAL Workshop” will be held at the Bologna Law School in Palazzo Malvezzi on the 10th of June 2015.

The event is organized by Full Professor Giusella Finocchiaro, President of Uncitral Working Group IV on Electronic Commerce and representative of the Italian Government at Uncitral. Among the workshop participants there will also be representatives of Google, AliBaba (the largest Chinese e-commerce corporation) and the ABA (American Bar Association).

The Digital Identity in the Electronic Commerce Era, an Open Issue

How can a person’s identity be verified on the Internet? This is the real question in this new phase of digitalization of identification services. For example, how does one open a bank account, interact with Public Administration, or take part in an on line public tender?

Digital Identification is a centrally important theme for the Uncitral Working Group, whose job is to draft joint international rules on electronic commerce.

The aim of the workshop is to bring together experts from the economic, institutional and academic worlds to focus on the still open issues in the field of On Line Identification, which will be dealt with by the Working Group in future United Nations Commission work sessions.

A Full Day’s Work

The Workshop will get underway with an opening address from the Rector of the University of Bologna, Ivano Dionigi and an introduction by Giusella Finocchiaro, Full Professor of Private Law and Internet Law at the University of Bologna, President of Uncitral Working Group IV on Electronic Commerce and Representative of the Italian Government at Uncitral.

The Workshop is organized in three sessions. The first will deal with the theme of Digital Identity according to the European prospective. The second will deal with the same theme from an international point of view. Finally, the third session will focus on the open issues on electronic commerce from the business point of view. The discussion will be closed by Luca Castellani, Secretary of Working Group IV (Electronic Commerce).

The Workshop, which is open to the public, will occupy the whole morning. The afternoon will be dedicated to a closed meeting to discuss the relevant findings of the Workshop.

The legal issues raised by electronic commerce are nowadays mainly settled. The conference will focus only on some new and still open issues of electronic commerce, as the digital identity. The speakers will address the theme from different perspectives, with a speech of 20 minutes each.A space for the discussion will be left at the end of each session.

The workshop will take place at the University of Bologna, Via Zamboni 22, Sala Armi (Bologna, ITALY).

PROGRAMME

  • Registration
    h. 8.30 a.m.
  • Opening Addresses
    h. 9.00-9.30 a.m.
    Ivano Dionigi – Rector of the University of Bologna
    Giovanni Berti Arnoaldi Veli – President of the Bologna Bar Association (to be confirmed)
    Nicoletta Sarti - President of the Bologna University Law School
    Giovanni Luchetti - Director of the Bologna University Department of Legal Studies
    Massimo Franzoni - Director of the Specialization School for Legal Professions of Bologna
  • Introduction
    h. 9.30-10.00 a.m.
    Giusella Finocchiaro – Full Professor of Private Law and Internet Law at the University of Bologna, Chair of the UNCITRAL Working Group on Electronic Commerce
  • The Digital Identity: the European Prospective
    h. 10.00-11.00 a.m.
    Speakers:
    Eric A. Caprioli - Avocat à la Cour de Paris – Ph.D, Member of the French delegation at the UNCITRAL Working Group on Electronic Commerce
    Andrea Servida – Head of Task Force Legislation Team (eIDAS), European Commission
    Discussion
    Chair:
    Didier Gobert - Head of the Electronic commerce service, Public Federal Service Economy and trainer in ICT law – Belgium
  • The Digital Identity: the Global Prospective
    h. 11.00-12.00 a.m.
    Speakers:
    Thomas J. Smedinghoff – Of Counsel in the Privacy & Cybersecurity Practice Group in the Chicago office of Locke Lord LLP; Chair of the Identity Management Legal Task Force of the American Bar Association
    Hong Xue – Full Professor of Law at Beijing Normal University (BNU), Director of BNU Institute for Internet Policy & Law (IIPL) and Co-Director of UNCITRAL-BNU Joint Certificate Program on International E-Commerce Law (JCP)
    Discussion
    Chair:
    Francesco Delfini – Full Professor of Private Law at the University of Milan
  • Open Issues on Electronic Commerce
    h. 12.00 a.m.-1.00 p.m.
    Speakers
    Andrea Stazi – Public Policy and Government Relations Manager at Google
    Ala Musi - China Electronic Commerce Association Policy & Law Committee Deputy Director, Alibaba
    Discussion
    Chair:
    Alberto M. Gambino – President of the Italian Academy of the Internet Code (IAIC), Full Professor of Private Law at the European University of Rome
  • Closing remarks
    h. 1.00 p.m.-1.30 p.m.
    Luca Castellani – Secretary of the Working Group IV (Electronic Commerce) UNCITRAL

 

Scientific Organizing Committee:

Giusella Finocchiaro

Matilde Ratti

 

DOWNLOAD PDF HERE

 

posted by admin on novembre 14, 2014

E-commerce and contracts, Events

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The 50th Working Group lV session on electronic commerce of the United Nations Committee on International Trade Law (UNCITRAL) was held in Vienna from the 10th to the 14th November 2014.

The Working Group is preparing a detailed document on electronic transferable records, which is likely to constitute the new Model Law.

During the 50th session the Working Group deliberated on notes by the Secretariat presenting the draft provisions on electronic transferable records.

The fifty-first session of Working Group lV is scheduled to be held at the UNO Headquarters in New York from the 18th to the 22nd May 2015.

The Russian Federation ratified the United Nations Convention on the Use of Electronic Communications in International Contracts (the Electronic Communications Convention).

The purpose of the Convention, adopted by the United Nations General Assembly in 2005, is to ensure legal certainty and commercial predictability on electronic communications in international contracts. The agreement is based on the fundamental legal principles and provisions set out by the UNCITRAL Model Law on Electronic Commerce, already adopted in 50 jurisdictions around the world.

After the Dominican Republic, Honduras and Singapore, the Russian Federation is the fourth state to ratify the Electronic Communications Convention, signed by a total of 19 states. Other nations, including Australia and the Republic of Congo, have started the procedure for becoming members.

The Convention will enter into force in the Russian Federation on 1 August 2014.

For more information, please refer to the official website of UNCITRAL.

 

posted by admin on ottobre 7, 2011

Electronic signatures, Events

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Professor Giusella Finocchiaro has been designated as the Italian representative at UNCITRAL (United Nations Commission for International Trade Law) – WG on electronic commerce.

The United Nations Commission will begin its work on on Electronic Commerce on Monday 10 October in Wien.

In the past, the UNCITRAL has led the development of electronic commerce by adopting the Model Law on Electronic Commerce (1996), the Model Law on Electronic Signatures (2001) and the United Nations Convention on the Use of Electronic Communications in international Contracts (2005).

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