Culpa in contrahendo och formkravet i JB
De lege lata och de lege ferenda
Along with the development of technology, the cross-border trade is increasing and therefore there is a need for greater consumer protection. A good consumer protection creates a feeling of safety for the consumer and that by itself may help to increase cross-border trade. This is one of the reasons for why the EU has established regulatory framework for electronic commerce, for example the Directive2000/31/EC. The direc-tive strives to create a similar law for electronic commerce within the European Union. This paper?s main purpose is to ensure that the directive is implemented properly in Swedish law, and if there are other possible ways to achieve the objective, other than the ones that the Swedish legislator has chosen. By using tools like for example relevant di-rectives and case law, the author has been able to answer the question set out in the aim. A directive is only binding for the result to be achieved, that?s why the memberstates have the power to choose how they want to implement it. The Swedish legislator has chosen to implement the directive with care because of technology?s constant develop-ment. The author believes that this caution inhibits the ability to fully achieve the aims of the directive. A to specific legal act becomes obsolete as the technology constantly evolves, but on the other hand, an unspecified law in special areas such as the e-commerce, can leave too much room for interpretation and may inhibit the purpose of the directive.