|
Printable version [as of 10 December 2009, PDF, 426 KB]
The panellists' biographies are available in the Bio-Book [1,315 KB].
The conference was webcast by the US Federal Trade Commission.
The public was invited to submit questions to the panellists and vote for them
via the Google Moderator tool.
The discussion could be followed on the OECD ICT Twitter (hashtag: #ecom)
Overview of the programme
|
Tuesday - 8 December 2009
|
8:15-9:00 Registration
9:00 – 9:30 Opening remarks
- Mr. Michael JENKIN, Chairman, OECD Committee on Consumer Policy
- Mr. Jon LEIBOWITZ, Chairman, US Federal Trade Commission
- Ambassador Karen KORNBLUH, US Permanent Representative to the OECD [Speech, 174 KB]
Overview of the draft programme
9:30 – 10:30 E-commerce trends and outlook: consumer aspects
The Internet economy has grown dramatically since the 1999 Guidelines were adopted. It now provides a dynamic and collaborative platform, expanding commercial opportunities for business and consumers alike. In some sectors, such as computer hardware and software, entertainment (books, music, videos, and tickets), travel and tourism, and banking, e-commerce has grown significantly. In others, the impact of e-commerce is still relatively low. Geographically, e-commerce plays a much larger role in some countries than others.
Questions for discussion:
- How has e-commerce (excluding B2B) evolved during the past 10 years globally and in different country and product markets?
- What have been the principal factors driving development?
- What explains the differences in the role that e-commerce is playing in different product sectors and in different countries?
- What have been the principal obstacles in furthering development of e-commerce?
- What specific factors are impeding expansion of cross-border transactions?
What do complaints data and market research tell us about conditions in e-commerce and what needs to be addressed to strengthen confidence in the platform?
How is e-commerce expected to change in the next several years?
- What new technological and policy issues are emerging?
- What impact will mobile commerce have on markets?
Moderator:
- Mr. Andrew WYCKOFF, Director, Science, Technology and Industry Directorate, OECD
Panellists:
- Ms. Sucharita MULPURU, Senior Analyst, Forrester Research [PPT, 323 KB]
- Dr. Tae Hyun MOON, Head, International Consumer Research, Korea Consumer Agency [PPT, 560 KB]
- Mr. David MAIR, Head of Unit, Directorate-General for Health and Consumers, European Commission [PPT, 306 KB]
- Dr. Zhong LIU, Associate Professor, School of Business Administration, Southwestern University of Finance and Economics (China) [PPT, 330 KB]
- Mr. Yoshiaki TAKAHASHI, Research Fellow, Economic and Social Research Institute (Japan) [PPT, 901 KB]
- Prof. Luis MAGALHÃES, President, Knowledge Society Agency - UMIC (Ministry of Science, Technology and Higher Education) (Portugal) [PPT, 67 KB]
Overview of the draft programme
10:30 - 1:00 Promoting e-commerce: role and effectiveness of international guidelines
In 1999, OECD countries agreed to a set of guidelines to protect consumers who purchase products online. They were designed to ensure that consumers were no less protected when shopping online than when purchasing products from more traditional sources. The guidelines established a basic framework for governments and stakeholders that have since then been supplemented with more specific guidelines on, cross-border fraud, dispute resolution and redress, privacy, and spam, and with policy guidance on mobile commerce, identity theft and communications services. In addition to the OECD guidelines, other international organisations have been carrying out related work on e-commerce.
Questions for discussion:
-
How effectively have the core principles in the 1999 Guidelines been implemented by stakeholders in OECD countries and non-member economies?
-
To what extent have these and subsequent OECD guidelines proved adequate?
-
Which areas need further attention?
-
How well do instruments being developed in other international fora complement the OECD guidelines? How could international collaboration be improved?
Moderator:
Opening remarks:
Panel I: OECD Experience
-
Ms. Patricia RUIZ VELAZCO, Deputy Director-General, Procuraduria Federal del Consumidor ( PROFECO) (Mexico) [ PPT, 407 KB]
-
Mr. Gianluca SEPE, Senior Lawyer, Autorita Garante della Concorrenza e del Mercato (Italy) [ PPT, 127 KB]
-
Mr. Thierry SKONIENY, Director, Center for Monitoring and Control of E-commerce (France) [ PPT, 67 KB]
-
Ms. Andrea ROSEN, Deputy Commissioner, Competition Bureau Canada
-
Mr. Mozelle THOMPSON, Former Chair of OECD Committee on Consumer Policy
Panel II: International organisations and non-member experience
Overview of the draft programme
1:00 - 2:30 Lunch
2:30 – 3:50 E-commerce regulatory frameworks
The framework for e-commerce differs among countries. In addition to differences in substantive law, countries have different approaches toward regulation of the Internet economy. This can have implications not only for business, but for consumers – particularly those engaging in cross-border trade. Consumer rights and obligations, for example, can vary considerably from one jurisdiction to another.
Questions for discussion:
- What are the principal differences in the approaches being used by governments to regulate e-commerce in their jurisdictions?
- What implications do these differences have for consumers and business?
- How can the Guidelines encourage more international cooperation and collaboration to address these different approaches?
Moderator:
- Ms. Etelvina ANDREU SÁNCHEZ, Director General for Consumer Affairs, Ministry of Health and Social Policy (Spain)
Panellists:
- Mr. Giuseppe ABBAMONTE, Head of Unit, Consumer Contract and Marketing Law, Directorate-General for Health and Consumers, European Commission [PPT, 93 KB]
- Dr. Hans SCHULTE-NÖLKE, Chair for Civil Law, European Private and Business Law, European Legal History, University of Osnabrück (Germany)
- Mr. Hugh STEVENSON, Deputy Director, Office of International Affairs, US Federal Trade Commission
- Mr. Paul MISENER, Vice President for Global Public Policy, Amazon.com
- Mr. Rich SAUER, Associate general counsel for the Asia Pacific region, Microsoft
- Mr. David WHITAKER, Senior Counsel, Wells Fargo [PPT, 111 KB]
- Ms. Anna FIELDER, Consumer Policy and Public Affairs Advisor, Steering Committee Member, Civil Society Information Society Advisory Council to the OECD ICCP
Overview of the draft programme
3:50 - 4:00 Coffee break
4:00 – 6:00 B2C: Business as sellers – recent developments
The 1999 Guidelines provide a basic framework for businesses engaging in e-commerce. They include provisions for (i) transparent and effective protection, (ii) fair business, advertising and marketing practices (iii) online disclosures, (iv) order confirmation, (v) payment, (vi) dispute resolution and redress, (vii) privacy and (viii) education and awareness. Since then, B2C commerce has evolved, with businesses seeking new ways to earn money from their Internet activities. At the same time, consumers are playing more inter-active, participative roles in markets.
Questions for discussion:
-
What new approaches are businesses using to exploit commercial opportunities on the Internet?
-
What new roles are consumers playing?
-
How adequate are the Guidelines in meeting challenges that are emerging as e-commerce develops?
-
How effective are the Guidelines, for example, in addressing new marketing strategies such as behavioural or targeted advertising?
-
How can payment proteciton be strengthened?
-
How can non-regulatory obstacles to cross-border trade be addressed?
Moderator:
- Mr. Graham BRANTON, Deputy Director, Consumer and Competition Policy, Department for Business, Innovation and Skills (United Kingdom)
Panel I: Opportunities for sellers
Panellists:
- Ms. Susanne CZECH, Secretary General, European E-commerce and Mail Order Trade Association (EMOTA) [PPT, 540 KB]
- Mr. Alastair TEMPEST, Director General Public Affairs and Self-Regulation, International Federation of Direct Marketing (FEDMA) [PPT, 289 KB]
- Mr. Tod COHEN, Vice-President of Government Relations, eBay
- Ms. Jane HORVATH, Senior Privacy Counsel, Google
- Mr. Alexandre NILO FONSECA, President of the Portuguese e-Commerce and e-Marketing Association and Director-General of Marketing of Controlinveste Media [PPT, 310 KB]
Panel II: Consumer challenges
Panellists:
- Ms. Jill JOHNSTONE, Director, International Policy Advocacy, Consumer Focus
- Ms. Maneesha MITHAL, Associate Director, Division of Privacy and Identity Protection, Bureau of Consumer Protection, US Federal Trade Commission
- Prof. Mireille HILDEBRANDT, Law Science Technology & Society (LSTS), Department of Metajuridica, Faculty of Law, Vrije Universiteit Brussel
- Mr. Giuseppe ABBAMONTE, Head of Unit, Consumer Contract and Marketing Law, Directorate-General for Health and Consumers, European Commission [PPT, 171 KB]
Overview of the draft programme
6:00 - 8:00 Reception (by invitation)
|
Wednesday - 9 December 2009
|
8:30-9:00 Registration
9:00 - 9:30 Opening remarks
- Mr. Gary LOCKE, Secretary, US Department of Commerce [Speech, website]
- Mr. Angel GURRÍA, Secretary General, OECD [Speech, website]
Overview of the draft programme
9:30 – 10:40 Mobile commerce
When the 1999 Guidelines were adopted, mobile commerce was virtually non-existent; today, it is playing a growing, role in most OECD countries. With increased access to broadband and advances in mobile device technology, the situation could, however, evolve rapidly; consumers may soon be accessing the Internet more from mobile devices than PCs. As highlighted in the 2008 OECD Policy Guidance addressing emerging issues in mobile commerce, key consumer challenges include: (i) the difficulty for consumers to access full information about the products and transaction at offer due to mobile devices’ small screens and limited storage capacity; (ii) the need to protect children from aggressive advertising, overconsumption and unauthorised access to personal data and (iii) in the case of complex chains of contracts, clear dispute resolution should be available to consumers; and (iv) ensuring adequate privacy and security.
Questions for discussion:
-
How adequately do the 1999 Guidelines address mobile commerce issues?
-
In what areas could the Guidelines be built upon or improved?
-
In what areas does mobile commerce expose consumers to increased risks?
-
Are consumers more vulnerable to fraudulent or unfair commercial practices?
-
What challenges is mobile-spam posing for consumers?
-
What role can governments play in enhancing consumer protection in mobile commerce?
Moderator:
- Ms. Susan GRANT, Director, Consumer Protection, Consumer Federation of America [TACD's Resolution, 81 KB]
Panellists:
- Ms. Marzena KISIELOWSKA-LIPMAN, Senior Policy Advocate, Consumer Focus [PPT, 763 KB]
- Ms. Kristine VAN DILLEN, Mobile Marketing Association's Director, Industry Initiatives & Partnerships
- Mr. Darren A. BOWIE, Legal Director, North America, Nokia Inc.
- Mr. Yoshikazu KUMAGAI, Director, Consumer Services Department, NTT Docomo, Inc. (by video)
Overview of the draft programme
10:40 - 12:00 C2C: Consumers as sellers
Since the 1999 Guidelines were adopted, the traditional model of business-to-consumer transactions has grown to encompass a wider range of seller-consumer relationships. Individuals are increasingly using the Internet as a means to sell goods and services, through (i) their personal websites, (ii) email, (iii) auction sites and (iv) sites providing classified advertising services. The responsibilities and legal obligations of these individuals are not always clear, nor are those of the intermediaries that provide trading platforms. In the case of the latter, service providers often develop their own “terms of use” to govern use of the platforms, but, even if these rules and policies are enforced, there is some concern that consumers may not benefit from the same level of consumer protections when they trade with individuals as they are when trading with established firms.
Questions for discussion:
-
To what extent should the principles and rules governing B2C commerce be applied to C2C commerce? What are the main challenges in this regard?
-
What role(s) can, or should, intermediaries play in C2C commerce?
-
What principles should govern their “terms of use”?
-
What role could, or should, governments play in deciding (i) how C2C commerce should be structured and (ii) what the responsibilities of consumers and intermediaries should be?
Moderator:
- Ms. Philippa LAWSON, Associate, Canadian Internet Policy & Public Interest Clinic
Panellists:
- Mr. Ho-Tae KIM, Head of E-commerce Team, Korea Fair Trade Commission [PPT, 716 KB]
- Prof. Mark MACCARTHY, Communications, Culture & Technology, Georgetown University
- Mr. Carlos SANCHEZ-REYES, President of the Spanish Organisation for Consumers and Users
- Ms. Renée PRESCOTT, Australian Competition and Consumer Commission
- Ms. Senny BOONE, Senior Vice President, Corporate and Social Responsibility, DMA
Overview of the draft programme
12:00 – 3:00 Lunch (by invitation)
Keynote speech (1:30-2:00):
-
Mr. John DONAHOE, President and CEO, eBay, Inc. [Video, 123 MB, divided into four parts: Part 1, Part 2, Part 3, Part 4]
3:00 - 4:20 Digital content products
When the Guidelines were adopted in 1999, the range of digital content products that consumers could buy online was limited. Since then, in addition to providing a vehicle for promoting trade in physical items, the Internet has developed into an important means through which digital products, such as movies, books, software, information and a wide range of services, can be marketed, purchased, and delivered. These innovations have raised a wide range of issues regarding consumers’ purchase and use of these products. There are basic consumer protection issues relating to disclosures about the product design and quality and the availability of redress, as well as more complex questions about the limitations on (and disclosures about) what consumers are legitimately entitled to do with products that they have purchased online. For example, many hardware manufacturers, publishers, and copyright holders have introduced digital management rights (DRM) systems to control how consumers access and use media and entertainment content; some music, for example, can only be heard on a limited range of devices or copied only a certain number of times. Also, consumers, at the time they purchase digital products, are not generally in position to know whether the sellers of such products have distribution rights, or are breaching copyright laws; this may be even more complicated in the case of cross-border trade when there are differences in the laws of the countries involved.
Questions for discussion:
-
What role are digital products playing in different markets, and how is the situation likely to evolve?
-
What specific consumer issues need to be addressed?
-
How should issues concerning business’ disclosure obligations and consumers’ use of digital products, for example, be dealt with?
-
How can the interests of consumers engaging in cross-border trade be interests be protected?
-
How relevant are the 1999 Guidelines to trade in digital products?
-
In what areas might the 1999 Guidelines need to be elaborated or strengthened?
Moderator:
- Ms. Teresa M. SCHWARTZ, Professor of Law Emeritus, Law School, George Washington University
Panellists:
- Mr. Bjørn Erik THON, Consumer Ombudsman (Norway) [PPT, 275 KB]
- Ms. Sylvie FORBIN, Director, Public and European Affairs, Vivendi [PPT, 443 KB]
- Mr. Patrick ROSS, Executive Director, Copyright Alliance [PPT, 1,351 KB]
- Mr. Graham HENDERSON, President, Canadian Recording Industry Association [PPT, 285 KB]
- Mr. Eddan KATZ, International Affairs Director, Electronic Frontier Foundation
Overview of the draft programme
4:20 - 5:45 The participative web: consumer-driven content in e-commerce
Since the adoption of the OECD e-commerce Guidelines, the Internet has developed into a participative web that empowers users to contribute to developing, rating, collaborating and distributing Internet content and customizing Internet applications. As a result, the Internet is now a vehicle through which large numbers of consumers worldwide can share their experiences with goods and services through social networks, blogging and related exchanges and online consumer reviews. The recent emergence of specialised social shopping networks and review sites is a sign that the influence of the web, and consumers themselves, will only be increasing in this regard. As the participative web blurs traditional distinctions among businesses, consumers, and marketers, however, there are concerns about the transparency of and disclosures about web participants and their affiliations with products and services. There are also concerns about consumers’ understanding of (i) how their personal information may be used by site operators and other commercial entities and (ii) the terms under which consumers are using these sites.
Additionally, the participative web has resulted in the creation of virtual goods and services, as seen in virtual world and some social networking sites. It is not always clear how real world consumer protection laws apply in these environments.
Questions for discussion:
- In what ways might the disclosure provisions of the 1999 Guidelines need to be strengthened?
- Should such provisions apply to parties that evaluate products in participative web settings, especially when the parties have ties to the companies that produce or sell the products? If so, how could this be assured?
- How should consumer protection laws apply in the case of virtual goods and services?
Moderator:
- Dr. Daniela BATTISTI, Chair of the Working Party on the Information Economy to the OECD Committee for Information, Computer, and Communications Policy (ICCP)
Panellists:
- Mr. Mozelle THOMPSON, Advisory Board, Facebook
- Mr. Adam MEDROS, Vice President of Product, TripAdvisor [PPT, 433 KB]
- Mr. Steven J. METALITZ, Counsel to the US International Intellectual Property Alliance
- Ms. Victoria GRAND, Head of Communications and Community Policy, YouTube
- Prof. Michael GEIST, Law Professor, University of Ottawa
- Mr. O Eun LEE, Head of Government Relations, eBay Auction Co. Ltd., Korea [PPT, 621 KB]
Overview of the draft programme
|
Thursday - 10 December 2009
|
8:30-9:00 Registration
9:00-9:10 Announcement of Federal Trade Commission’s Report to Congress on Online Virtual Worlds
- Ms. Mary K. ENGLE, Associate Director, Division of Advertising Practices, US Federal Trade Commission
- The report is available here.
- Another US FTC report "U.S. SAFE WEB Act: The First Three Years" is available here.
Overview of the draft programme
9:10 – 10:10 Protecting children on-line
The 1999 Guidelines provide that businesses should “take special care” in marketing and advertising to children. Since then, the accessibility of the Internet and mobile commerce to a growing number of children, and their increasing use of them through computers and mobile devices, have raised new challenges for parents and businesses alike. Some parents and advocates are concerned that the Internet and m-commerce may expose children to commercial content intended only for adults, allow children to purchase unsuitable products, and facilitate overspending. Others are concerned about aggressive advertising that targets children and business practices that elicit personal information from children. In addition to these issues, some businesses may be concerned about inadequate age identification systems which make it difficult to determine whether buyers are minors.
Questions for discussion:
-
What new consumer protection challenges do developments in e-commerce and m-commerce raise for children and their parents (and other caregivers)?
-
What challenges do they raise for businesses?
-
What mechanisms exist to meet these challenges? In particular, what types of “special care” might be appropriate in marketing and advertising to children in e-commerce?
-
What are the responsibilities of Internet service providers, mobile operators, and vendors in this regard?
-
What roles should parents, caregivers, and children themselves play?
Moderator:
- Ms. Stacy FEUER, Assistant Director for International Consumer Protection, Office of International Affairs, US Federal Trade Commission
Panellists:
- Prof. Kathryn MONTGOMERY, School of Communication, American University
- Ms. Sofia FERNANDEZ DE MESA, Corporate Reputation and Corporate Responsibility, Director, Telefónica S.A.
- Mr. Michael W. MCKEEHAN, Vice-President, Verizon, Management and Technology Policy Issues (US), and Chairman of the Family Online Safety Institute (FOSI)
- Dr. Parry AFTAB, Esquire, Executive Director of WiredSafety.org
- Ms. Paula HANNULA, Legal Adviser, Department of Consumer Law, Consumer Agency & Consumer Ombudsman (Finland)
- Mr. Kazuhiro TAKASU, Director for Developing an Environment of Youth Affairs, Cabinet Office (Japan)
Overview of the draft programme
10:10- 12:40 Accountability in e-commerce
The 1999 Guidelines – and the OECD’s 2003 Recommendation on cross-border fraud and the 2007Recommendation on dispute resolution and redress– recognized that consumer laws, policies, and practices limiting fraudulent, misleading and unfair commercial conduct are “indispensable in building consumer confidence and establishing a more balanced relationship between businesses and consumers in commercial transactions.” Since then, developments have reinforced the concept that increasing consumer trust is key to boosting e-commerce. Such trust will require that: (i) consumers have confidence in the parties that are selling products, (ii) there is adequate protection against fraudulent and misleading practices, (iii) mechanisms are in place to adequately resolve disputes when problems arise, (iv) enforcement efforts are robust and (v) cross-border issues can effectively be dealt with.
Questions for discussion:
-
What should governments do to achieve greater transparency with respect to the identities of sellers?
-
How can protection against fraudulent and misleading Internet commercial practices be improved?
-
What problems need to be addressed to ensure adequate consumer access to dispute resolution and redress mechanisms and enhance consumer confidence in such processes?
-
What can be done on the enforcement front to combat unfair or illegal commercial practices more effectively?
-
In which areas could cross-border enforcement co-operation be expanded?
-
How can the capacity of government and other stakeholder to address cross-border issues be strengthened?
Panel I: Government approaches
Moderator:
-
Mr. Francis AMAND, Deputy Director, Direction de la Concurrence, de la Consommation et de la Répression des Fraudes (DGCCRF) (France)
Panellists:
-
Mr. Peter KELL, Deputy Chairman of the Australian Competition and Consumer Commission [ Video, 9,937 KB]
-
Mr. Peter VAN HERCK, FPS Economy, DG Enforcement and Mediation, Internet Surveillance Unit (Belgium)
-
Mr. Noah CURTHOYS, Director of Strategy, Office of Fair Trading (United Kingdom)
-
Mr. Tamas MOLNAR, Head of Unit, Enforcement and European Consumer Centres, Directorate-General for Health and Consumers, European Commission [ PPT, 78 KB]
- Mr. Kyung-Tae GU, Manager of Department of Consumer Disputes Settlement, Korea Consumer Agency
- Ms. Lois GREISMAN, Associate Director for Marketing Practices, Bureau of Consumer Protection, US Federal Trade Commission
Panel II: Private sector and academic perspectives
Moderator:
Panellists:
Overview of the draft programme
12:30 – 2:00 Lunch
2:00 – 4:15 Breakout groups
Break-out groups will exchange views on how the issues raised in the sessions on B2C, mobile commerce, C2C, digital products, the participative web, kids online and accountability in e-commerce could be addressed. The moderators for each of the sessions will lead the discussions, with the assistance of the panellists from each of the respective sessions.
Overview of the draft programme
4:15 - 4:30 Coffee break
4:30 - 5:45 Issues for future consideration
Breakout groups’ moderators report back about gaps and ideas for future work.
Moderator:
Discussants:
-
Ms. Susan GRANT, Director, Consumer Protection, Consumer Federation of America
-
Mr. Peter ROBINSON, President of the US Council for International Business
-
Mr. Graham BRANTON, Deputy Director, Consumer and Competition Policy, Department for Business, Innovation and Skills (United Kingdom)
-
Mr. Joseph ALHADEFF, Vice President for Global Public Policy and Chief Privacy Officer,
Oracle Corporation, and Chair ICCP Business and Industry Advisory Committee to the OECD
-
Mr. Andrew WYCKOFF, Director, Science, Technology and Industry Directorate, OECD
Overview of the draft programme
Printable version [as of 10 December 2009, PDF, 426 KB]
|
