Econsumer: a website for cross-border e-commerce complaints

Econsumer was conceived following an extensive focus on e-commerce and its potential pitfalls in ICPEN, recognising the difficulties that national legislation and law enforcement are up against when it comes to international, cross-border e-commerce fraud and non-compliance.

Econsumer provides consumers worldwide with general consumer information.

See also www.econsumer.gov

Memorandum and protocal concerning the establishment of IMSN (now ICPEN)

• www.icpen.org
• Go to econsumer.gov's homepage, www.econsumer.gov

The International Consumer Protection Network (ICPEN) and ICPEN-Europe

The Danish Consumer Ombudsman is one of the founding members of ICPEN (previously IMSN).

In 1990 the Nordic Consumer Ombudsmen took the initiative to create the IMSN, see the Nordic Seminar- and Working Report # 1992:547: « Supervision of marketing - Nordic and European » (ISBN 92 9120 068 9, ISSN 0906 3668).

ICPEN now consists of the leaders of marketing supervision in European countries, in Canada, United States of America, Mexico, Australia, Japan and South Corea.

ICPEN maintains regular contact and discusses practical measures to prevent unethical cross border marketing practices.

It is obvious that the new communication technologies, including the Internet, ("the Information Society") have become a subject of great interest to all members of the IMSN as new methods of marketing and advertising develops.

The Network has its own homepage: www.icpen.org

IMSN-Europe (now ICPEN-Europe) was established in 1999 as an Eeuropean forum in which the national bodies responsible for enforcing consumer legislation may discuss, exchange views and experiences concerning and seek common solutions to problems linked to the enforcement of European consumer legislation (with the exception of legislation dealing with health and safety matters).

The EU Commission shall create a web site with partially restricted access, consisting of (1) an information exchange system and (2) a database for storing the exchanged information. A section of the web site, open to the public, shall provide information on the nature of the group, its activities, the addresses of its constituent bodies and other information of general interest to consumers.

Memorandum on the Establishment and Operation of the International Marketing Supervision Network

1. This Memorandum was agreed at a meeting held in London on 26-27 October 1992. A list of those organisations represented at this meeting is annexed.

Introduction

2. At the 'Supervision of Marketing' conference in Copenhagen in October 1991 it was agreed in principle that it would be desirable to establish an informal network of organisations from various countries in the consumer field involved primarily with the enforcement of fair trading practices. These would mainly be governmental organisations. The purpose was stated as being to find ways of co-operating on tackling consumer problems connected with cross-border transactions in both goods and services, and to help ensure exchanges of information among the participants for mutual benefit and understanding. These arrangements would be on an informal and voluntary basis, and rely on the high level of goodwill among those involved to make such a network effective. The network would build on the many excellent contacts which already existed among the organisations concerned. 

3. At the meeting in London it was agreed to establish such a network. The network will be called International Marketing Supervision Network. Its objectives and methods of operation are set out in this memorandum.

Objectives of the Network

4. The main common objective of the network is to encourage practical action to prevent cross-border marketing malpractice. The network should also encourage exchanges of information which may provide more general knowledge of such practices and the way they are dealt with in the various countries. It is not intended to cover product safety or the prudential regulation of financial institutions. Nor will it normally be directly concerned with specific redress for individual consumers.

5. The network will

• (a) establish and maintain an up-to-date list of contacts in each participating country; 
• (b) maintain regular contacts, in particular by means of an annual conference, and exchanges of view on matters of topical interest through bilateral and multilateral contacts of all kinds;
• (c) mutually exchange information to enable participating organisations to build up a picture of each other's methods and legal and administrative arrangements;
• (d) co-operate at an operating level in preventing marketing malpractices as they arise. Co-operation will be on an informal basis. Participants should use their best endeavours to help each other, subject to national law and practice and availability of resources.

Participation in the Network

6. Participation is open to organisations from each member country of the OECD, and from each non-member country with observer status in the OECD. Participation will normally be by a single governmental organisation from each country that is involved with the promotion and enforcement of fair trading practices, though for certain countries other arrangements may be necessary. Participation in the Network is also open, on an observer basis, to the OECD Secretariat, the EFTA Secretariat and the Commission of the European Communities. 

7. It may be appropriate in due course to consider extending participation to other countries.

Chairmanship

8. One of the participating organisations will be chosen to act as chairman of the network. This position will rotate annually. The organisation acting as chairman will also undertake the necessary secretarial duties in connection with the list of contacts and the annual conference. 

9. The responsibilities of the chairman organisation will be:

• and to provide a secretariat 
• (a) to host an annual conference which will review the working of the network and discuss subjects of mutual interest to the participants;
• (b) to maintain the list of network contacts and circulate updated versions from time to time;
• (c) to act as a focal point for information regarding the operation of the network itself. 
• 10. Each conference will appoint a chairman-elect, who will be the host for the following year's conference. The chairman-elect will serve for a year as vice-chairman, during which time he or she should prepare for the conference and collaborate with the chairman in the operation of the network.

Working Languages

11. No particular languages will be formally designated. It is expected that meetings will normally be conducted in English and French, with simultaneous translation. The list of contacts may indicate individuals' particular language skills in order to facilitate effective communication. 

Finance

12. The cost of meetings or conferences will be borne by the host country. Travelling expenses will be borne by each participating organisation for its own people. 

Operation of the Network

13. The chairman organisation will provide a central address, telephone and fax number to which all notifications regarding the list of network contacts should be sent, and will circulate corrections and amendments around the network on a reasonably regular basis. Participating organisations will use their best endeavours to ensure timely notification of changes to entries on the list. 

14. Co-operation, bilateral and multilateral, will be for individual participating organisations to initiate among each other as and when required. It will not be a function of the chairman that such contact should be routed through her or him. 

15. Where cases and issues arise for which responsibility does not lie with participating organisations, the latter will do their best to put correspondents into direct contact with other relevant bodies or organisations, perhaps at local level or in the private sector (especially in the case of a selfregulatory body), which can deal with the matter. However, the participating organisation will usually be the initial liaison point. The wide variety of communication, co-operation and exchange of information which already takes place among different bodies in each country with an interest in consumer protection will naturally continue.

Protocol concerning til establishment of "IMSN-Europe"

• The operation of "IMSN-Europe" Was decided upon at the meeting of the European members of IMSN held in Bruges on 25 March 1999, on the occasion of the IMSN annual conference.  
• This protocol was agreed upon at a meeting held in Oslo on 13 September 1999.
• A list of participants and organisations represented at its meeting is attached.
  This protocol is based on the conclusions adopted at the meeting held in Bruges on 25 March 1999 and the work done by the working party formed at the same time, involving the representatives of Belgium, Norway, the United Kingdom and the European Commission. This working party met in Brussels on 7 May 1999. 
• It was agreed that the name "IMSN-Europe" shall apply to the group/network established between the members of the International Marketing Supervision Network ("IMSN") representing those countries signatory to the EEA Agreement (hereinafter referred to as: "the European members of IMSN").
• The representatives within the IMSN shall also provide the representation within IMSN-Europe.
  The European Commission will participate in the work of IMSN-Europe and will be represented by the Directorate-General responsible for Consumer Policy.

The aims of IMSN-Europe

• Bearing in mind the existence of a largely harmonised European legal framework for the protection of consumer rights, the members of IMSN-Europe recognise the need to strengthen and improve cooperation and the systematic exchange of information between them in order to achieve more effective enforcement of European consumer legislation (with the exception of legislation dealing with health and safety matters). The aim of IMSN-Europe shall be to respond to this need.  
• IMSN-Europe shall become a European forum in which the national bodies responsible for enforcing consumer legislation may discuss, exchange views and experiences concerning and seek common solutions to problems linked to the enforcement of European consumer legislation (with the exception of legislation dealing with health and safety matters).  
• The activities of IMSN-Europe shall be restricted to questions characterised by a specifically European dimension.
  The activities of IMSN-Europe shall under no circumstances adversely affect the proper operation of IMSN nor cooperation between all its members. 
• The group will work in the same informal way, as in the framework of the IMSN.

The operation of IMSN-Europe

• The members of IMSN-Europe shall undertake to do all in their power to ensure optimum use of the network and the instruments for cooperation it provides (six-monthly meetings, information exchange system, database).  
• As much as possible, they shall endeavour to cooperate with the bodies responsible at regional or local level in their country with a view to collecting and forwarding relevant information of interest to IMSN-Europe. 

Chair

• IMSN-Europe shall be chaired by the member chairing the IMSN.
• Where the IMSN is chaired by a non-European member, the chair of IMSN- Europe shall be the member who was most recently chair of the IMSN.

Meetings

• IMSN-Europe shall meet twice annually.
• When the IMSN is chaired by a European member, the IMSN-Europe meetings shall be held alongside the IMSN meeting. The host country shall provide secretarial services and cover the costs of meetings.
  When the IMSN is chaired by a non-European member, meetings of IMSN- Europe shall be held in Brussels. In this case, the meeting and secretariat shall be organised by the European Commission. 
• The agenda and the meeting dates shall be decided by the chair. Where the European Commission is responsible for providing the secretariat for meetings (see above), the chair shall ensure its involvement. 

The information exchange system

• In order to ensure a permanent and systematic exchange of information between the members of IMSN-Europe, the European Commission shall provide the latter with computer tools to be placed on a web site with partially restricted access, consisting of (1) an information exchange system and (2) a database for storing the exchanged information.
• A section of the web site, open to the public, shall provide information on the nature of the group, its activities, the addresses of its constituent bodies and other information of general interest to consumers. 
• The members of the IMSN-Europe shall undertake to use the information exchange system referred to in 13 in such a way as to ensure that other members are notified as soon as possible of bilateral contacts made via the usual means, and of other relevant information.  
• The members of the IMSN-Europe shall undertake to comply with the security instructions adopted. 
• The European Commission shall maintain the tools referred to in 13 and shall update the content of the pages on the IMSN-Europe site in accordance with indications from the chair of the group.
• The costs of establishing and operating the web site and computer tools referred to in 13 shall be met by the European Commission. 
• A special link shall be established between the IMSN-Europe web site and that of the IMSN.
• IMSN members who so wish may consult the IMSN-Europe database. 
• The members of IMSN-Europe recognise that it is desirable for the information exchanged via the network to be standardised and retained so that it can be analysed and evaluated.
• The members of IMSN and the European Commission may use the information collected in the database referred to in 13 for study and comparative analysis.

Working languages

• The working languages of IMSN-Europe shall be English and French.

Organisations present at the conference