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eCommerce Directive
ANNEX

ANNEX — DEROGATIONS FROM ARTICLE 3

As provided for in Article 3(3), Article 3(1) and (2) do not apply to:

- copyright, neighbouring rights, rights referred to in Directive 87/54/EEC(1) and Directive 96/9/EC(2) as well as industrial property rights,

- the emission of electronic money by institutions in respect of which Member States have applied one of the derogations provided for in Article 8(1) of Directive 2000/46/EC(3),

- Article 44(2) of Directive 85/611/EEC(4),

- Article 30 and Title IV of Directive 92/49/EEC(5), Title IV of Directive 92/96/EEC(6), Articles 7 and 8 of Directive 88/357/EEC(7) and Article 4 of Directive 90/619/EEC(8),

- the freedom of the parties to choose the law applicable to their contract,

- contractual obligations concerning consumer contacts,

- formal validity of contracts creating or transferring rights in real estate where such contracts are subject to mandatory formal requirements of the law of the Member State where the real estate is situated,

- the permissibility of unsolicited commercial communications by electronic mail.

  1. OJ L 24, 27.1.1987, p. 36.
  2. OJ L 77, 27.3.1996, p. 20.
  3. Not yet published in the Official Journal.
  4. OJ L 375, 31.12.1985, p. 3. Directive as last amended by Directive 95/26/EC (OJ L 168, 18.7.1995, p. 7).
  5. OJ L 228, 11.8.1992, p. 1. Directive as last amended by Directive 95/26/EC.
  6. OJ L 360, 9.12.1992, p. 2. Directive as last amended by Directive 95/26/EC.
  7. OJ L 172, 4.7.1988, p. 1. Directive as last amended by Directive 92/49/EC.
  8. OJ L 330, 29.11.1990, p. 50. Directive as last amended by Directive 92/96/EC.