On May 11 2009 the Albanian Parliament approved the E-commerce Law (10128/2009), which establishes the rules governing:

- e-commerce activity and information society services;
- the protection of parties to such transactions;
- data privacy of consumers and of parties to such transactions;
- the free movement of information services; and
- the responsibilities of service providers.

The definition of 'information society services' set out in the law includes services provided at a distance by electronic means, on the request of the recipient, against compensation. The law further defines 'commercial communications' as any means of communication designed to promote, directly or indirectly, the image of an entrepreneur or a commercial company, non-profit organization or other person engaged in commercial or industrial activity. The law categorizes as 'e-commerce' activities conducted by the subjects of the law upon receipt of electronic documents for the trade of goods and/or services.

The law applies to all services offered electronically to natural or legal persons, excluding:

- the services of a notary public or similar relating to the execution of public authority;
- the representation of third parties before the courts or other authorities;
- activities subject to payment for participation in bets, lotteries, electronic games, games of chance and casinos; and
- legal relationships arising from fiscal activity, the protection of personal data or agreements governed by the Competition Law.

The conduct of e-commerce is based on principles such as:

- contractual freedom;
- free will and equal treatment of the parties; and
- free movement of goods and services in the territory of Albania.

Within this context, the parties to an electronic transaction cannot impose limitations on purchases or on the fulfilment of rights and obligations of natural or legal persons, other than those provided for by law.

The E-commerce Law provides that information society services may be provided by all natural or legal persons registered with the National Registration Centre, without any need for a special authorization or licence. The service provider should provide the authorities and service recipients with certain minimum information, including:

- its commercial name;
- the address of its legal seat;
- its website and email address; and
- company registration data.

This information, and details of the goods or services offered, should be provided in a clear and precise manner that may be easily understood by the wider public.

The service provider should ensure that commercial communications include, at a minimum:

- a clear indication of the commercial nature of the communication;
- sufficient information to identify the subject on whose behalf the communication is being sent;
- clear instructions on the terms and conditions of any benefits offered in the communications; and
- clear instructions for participation in competitions or promotional games, where these are permitted by law.

When delivering unsolicited commercial communications, the service provider must also respect the will of recipients that do not wish to receive such communications. A service provider that sends such communications to third parties which have indicated that they do not wish to receive them will be held responsible for any damage caused.

Contracts entered into electronically shall be considered as validly executed under the E-commerce Law if they comply with the requirements of the Civil Code and of the Law on the Protection of Consumers (9002/2008). This law does not apply to:

- contracts that create or erase rights to immovable property;
- contracts that require by law the participation of the court, public authorities or public service professionals;
- contracts governed by the Family Code;
- actions governed by the chapter of the Civil Code regulating issues of testamentary inheritance; and
- financial or insurance services contracts.

The Authority of Electronic and Postal Communication is responsible for supervising compliance with the E-commerce Law; while the protection of consumers is safeguarded by the Commission for the Protection of Consumers and other bodies as designated in the Law on the Protection of Consumers.

The E-commerce Law sets out the penalties applicable in case of breach of its provisions. The fines that may be imposed by the supervising authorities vary up to Lek200,000.

Should any disputes arise in relation to the conduct of e-commerce activities, the law gives priority to arbitration. Where an arbitration clause was not included in the agreement entered into between the parties, the district courts will have jurisdiction to hear the dispute.

For further information please contact Sabina Lalaj at Boga & Associates by telephone (+355 42 51 050), fax (+355 42 51 055) or email
(slalaj@bogalaw.com).

"This article was originally edited by, and first published on, www.internationallawoffice.com - the Official Online Media Partner to the IBA, an International Online Media Partner to the ACC and the European Online Media Partner to the ECLA. Register for a free subscription at www.internationallawoffice.com/subscribe.cfm."