EU information society legislation and impact on Albania
EU information society legislation and impact on Albania as I mentioned in other sections, the Albanian legislation on online commerce was based on EU legislation and, respectively, the law adopted in 2000. In this section, I will present the main ideas behind the adoption of this law and the central debates today in the EU regarding online trade and how they are expected to affect our country, Albania. First of all, the EU, as well as other developed countries such as the US, Canada, Japan, Australia, etc. is aware of the fact that online services are an essential factor in making it more competitive and dynamic in the new world economy based on the information and knowledge society.
Directive 2000/31 of the European Community established the basis for the legal framework of online services for the European internal market, including electronic commerce. This directive removed restrictions on online marketing in the EU and provided legal certainty for businesses and citizens. Based on this legislation’s context, the work of the European Commission consists of ensuring that information society services benefit from the principles of free movement of services and freedom of creation in the European Union.
The European Commission also monitors and monitors the implementation of Directive 2000/31 and draws up regular reports on its application. The European Commission also ensures that both old and new EU members regularly implement the legal framework set out in Directive 2000/31. The European Commission is also responsible for following up on complaints relating to services. The information society provides it. It also conducts general monitoring of legal, technical, and economic developments of electronic commerce and the Internet.
The EU e-Commerce Directive, adopted in 2000, establishes a legal framework for e-commerce and ensures this business’s performance for both companies and consumers. It sets harmonized rules on transparency and information requirements for online services, electronic communications, and restrictions on the reliability of firms providing information services. The European internal market’s proper functioning is ensured by a trade clause that underlies the common market. It states that information society services are, in principle, subject to the law of the Member State in which the firm or company provides information service.
Conversely, the member country receiving the company’s service providing the information service may not restrict these services. Furthermore, this directive enhances administrative cooperation between member countries and its self-regulatory role. Examples of services covered by this EU Directive include online information services (such as online newspapers), online sales products and services (books, financial services, and travel services), online advertising, professional services (lawyers, doctors, real estate agents), entertainment services and essential intermediation services (internet access and information transmission and storage). These services also include services provided free of charge to customers and funded, for example, by advertising and sponsorships.
It should be noted that the most tangible area of cooperation with the EU is precisely the area of the information society, also because physical boundaries do not exist and technology offers many opportunities for collaboration. Here, the harmonization of policies with the EU is consolidated. As it is written on the National Agency for the Information Society (NAIS) website, it is in analogy with the European Union policies. In the current government program for the years 2013 – 2017, it is determined that the government will work in 3 main directions by setting measurable objectives: first, to increase and promote electronic services for citizens, business, and administration.
The priority will be to increase transparency and improve public administration services according to the principles of the Open Government Partnership initiative. Second, the use of Information and Communication Technology in education to bridge the digital divide and empower youth. Policies will be oriented towards improving and expanding human capacities to increase the number of users and promote e-service providers’ development. In this way, creating jobs will be enabled for young people employed in the Albanian market, regional and beyond. Third, the consolidation of digital infrastructure throughout the Republic of Albania’s territory, strictly respecting European principles of free and fair competition.
The Stabilization and Association Agreement, in Articles 102-104, provides for the obligation to approximate domestic legislation with the EU acquis and harmonize it with EU policies. The SAA also requires special attention in respecting intellectual property rights in the transmission of programs by terrestrial, satellite, cable, etc.
By the commitments of the SAA, several important laws have been approved and drafted, such as Law no. 9918, dated 19.05.2008 “On electronic communications in the Republic of Albania”, amended by Law no. 102/2012 in line with the latest developments of the EU acquis; Law no. 9880, dated 25.2.2008 “On Electronic Signature”; Law no. 10273, dated 29.4.2010 “On the Electronic Document”; Law no. 10128 ft. 11.5.2009 “On electronic commerce”, amended by law no. 135/2013; Law no. 9887, dated 10.3.2010 “On Personal Data Protection”, amended by law no. 4JUdGzvrMFDWrUUwY3toJATSeNwjn54LkCnKBPRzDuhzi5vSepHfUckJNxRL2gjkNrSqtCoRUrEDAgRwsQvVCjZbRyFTLRNyDmT1a1boZV, dated 28.4.2005 “On copyright and other related rights”; Law no.72, dated 28.6.2012 “On the organization and functioning of the national infrastructure of Geospatial Information in the Republic of Albania”; Law no. 146/2014 “On Public Notification and Consultation”; Law no. 119/2014 “On the Right to Information”;
Albania has harmonized cybercrime legislation with the Council of Europe Convention on Cybercrime (ETS no. 185). In 2004, Albania ratified the “Additional Protocol to the Convention on Cybercrime, for the penalization of acts of a racist and xenophobic nature committed through computer systems” (ETS no. 189). In 2008, the Criminal Code was amended to include provisions for cybercrime. The transposition of Directive 2001/29 / EC on intellectual property in the information society is in progress.
Also, a series of bylaws mainly related to e-government have been adopted, such as DCM no. 248 ft. 27.4.2007, as amended, on the establishment and functioning of NAIS; VKM nr. 945, dated 2.11.2012 “On the Approval of the Regulation” Administration of the State Database System “; VKM no. 961, dated 24.11.2010, “On the determination of the coordinating regulatory authority of state databases”; DCM No. 703 dated 29.10.2014 has replaced the DCM No. 248 dated 27.4.2007. DCM No. 357 dated 24.2. 2013: “On the approval of the regulation for the management of the electronic document in the Republic of Albania”; DCM No. 303, dated 31.3.2011 “On the establishment of information and communication technology units in the line ministries and subordinate institutions”; 778 dated 7.11.2012 “On the approval of the general, minimum standards of NJTIK personnel for the organizational structuring of ICT”; DCM No. 710 dated 21.8.2013 “On the establishment and functioning of information storage systems, continuity of work and agreements of service level”; DCM 734 dated 28.8.2013 “On the creation of a unique system of registration, authentication, and identification of users in receiving public services from electronic systems.” Instruction No. 1 dated 31.12.2012 for certifying the copy in gently in r of an electronic document in public institutions; Instruction no. 2 dated 2.9.2013 “On the standardization of drafting terms of reference ICT projects in public administration”. There is currently a rich legal framework that lies