Burden of proof under Article 15
Member States may stipulate that the burden of proof in respect of the supplier’s obligations to inform the consumer and the consumer’s consent to conclusion of the contract and its performance be placed on the supplier.  Any contractual term that provides that the burden of proof in respect of the supplier’s obligations under the Directive shall lie with the consumer shall be unfair term under the Unfair Terms in Consumer Contracts Directive (93/13/EEC).

Implementation of the Directive
The member States had until 9 October 2004 to implement the Directive. In the UK, the Directive has been implemented into British law through The Financial Services (Distance Marketing) Regulations 2004.
See also the UK’s package of implementation measures for the E-commerce Directive in respect of financial services, available on the UK Treasury website.

Topic Activities
1.  Why is Financial Services subjected to a lex specialis regime and is not included within the terms of the E-Commerce Directive?
2. Identify any problems you can foresee with the terms of the Directive.
Further Reading

EU White Paper on Financial Services Policy (2005-2010)
http://www.europa.eu.int/comm/internal_market/finances/policy/index_en.htm#20英语论文网 【http://www.51lunwen.org】051205
Implementation of the Distance Marketing of Consumer Financial Services Directive in the UK
http://www.hm-treasury.gov.uk/media//E4F28/DMD%20Final_268.pdf
http://www.hm-treasury.gov.uk/Documents/Financial_Services/eu_financial_services/fin_eufs_dmd.cfm
UK - Financial Services Authority
http://www.fsa.gov.uk/pubs/cp/196/
Supervising Financial Services in an integrated Internal Market
http://www.hm-treasury.gov.uk/media/A50/DB/Supervising_Financial_Services_integrated_Eu_Single_Mk_Jan05_.pdf
Consumer Financial Services in the EU: The Distance-Marketing Directive – PWC
http://www.pricewaterhousecoopers.co.uk/extweb/NewCoWeb.nsf/0/A68034C67BC48AB885256DB1006B92C3?OpenDocument

Lovells Guide to the Directive – Directive 2002/65
http://www.lovells.com/germany/ControlServlet/de/publication/pubId/863/

UK - Financial Services Consumer Panel Response
http://www.fs-cp.org.uk/ct_resp_date_03.html

Distance Marketing of Financial Services – The Directive, Diane Mosley, 2003 CM 15(6) 16

Distance Marketing of Consumer Financial Services, William Long, 2003 ECL&P 5(8), 8-10

E-commerce for Financial Services: Working with the New Rules, Worthy, Graham and Finney, [2003] CLSR, Vol. 19, No. 2 12-121-123.
Topic Review
 
The student should be able to discuss the main themes that permeate any discussion of the law relating to financial services.