Legal Issues in E-Healthcare Systems - E-Healthcare Systems and Wireless Communications - page 40

country, or takes some of the necessary steps in
one country and some in another. With the re-
moval of this provision a consumer will be able
to sue the vendor in the court of the consumer's
country even if a consumer might purchase in the
supplier's country.
The amendment makes it easier for the con-
sumers to sue Internet based marketing companies
for any breach in the consumers' Home State.
However, the problems with the amendment are:

Internet, the vendor may be intended to direct the
marketing at most countries where the web site
could be accessed and used to have some transac-
tions. When it comes to web sites the question is
whether setting up a web site amounts to “advertis-
ing” or “directing” the contents to the consumers.
The webvertisments unlike the traditional modes
of advertisements does not always jump out to the
consumers. If the customer is active he searches
various web sites and “pulled” the products to him
or sometimes the products have been pushed to
him through e-mail advertisement.
When a web site offer products and ship their
products worldwide, the owners have to prepare
to be sued in any part of the world where they
have customers. When the web site offers various
language options, is that web site targeting the
countries in which those languages are widely
spoken? In case if a vendor neither knows nor
ought to have known that the other party with
which he contracts is in fact a consumer, Article 15
is not applicable. Concomitantly, if the purchaser
represents himself as acting in the course of busi-
ness or he misrepresents his country of domicile,
the protection will be excluded.
The amendments to Brussels Convention
were welcomed since the amendments allow the
consumers to sue in their home country thereby
will be able to avoid unnecessary cost of suing
in foreign countries and will help to avoid the
vendors setting up their businesses in states with
lax consumer protection laws (Donaldson, 1999).
However, the problem would be:

1. They will be held liable if they carry out busi-
ness via interactive web sites. Unfortunately,
the Commission does not elaborate on what
is exactly meant by an interactive web site.
2. Whether digitalized products are good
or services not explained under the new
amendment;
3. It also failed to address whether a 'web site
may constitute a 'branch, agency or other
establishment (Article 15 (2)); and
4. Article 13(1) (3) (b) dispenses with the
requirement that 'the consumer took in that
State the steps necessary for the conclusion
of the contract. Now, even if the consumer
enters an online contract outside his country
of origin he will still be able to sue in his
country of origin.

What is the meaning of 'advertising' or 'spe-
cific invitation' is not available, advertisement
may be considered as a sort of promotion which
intended to use for the increasing product sales.
Therefore, the protection can be applied. Invita-
tion sent to consumers via e-mail highly likely
to be considered as specific invitations as the
e-mails are addressed to the consumers' personal
addresses. However, an advertisement in the web
site can be considered, as specific invitation is not
clear. Under this provision, the activity concern
must be an advertisement, a specific invitation or
promotional activity that must have occurred in
the State where the consumer is domiciled. And
these marketing activities must have directed to
or at the State. When it comes to marketing over

1. Businesses are expected to be knowledgeable
about the plethora of consumer protection
regulations and laws of all countries in the
world, especially on the supply and sale of
health related products and services;
2. It is difficult for businesses to prevent users
in a specific location from transacting;
3. It goes against to the efforts of creating in-
novative, practical, non-regulatory, global
mechanism that empower consumers (gip.
org, 1999).