Ecommerce guide
This page provides an outline for businesses of the effects of the
Electronic Commerce (EC Directive) Regulations 2002. These have
important requirements both for electronic contracting and web site
design. They apply to all commercial websites, including what may
simply be brochure sites.
The rules break down into three categories.
Information requirements
Commercial communications
Electronic contracting
We deal with each category in turn.
Information requirements
Applies to
|
Requirements
|
| Anyone who
advertises or sells goods or services on line (e.g. via the
internet, mobile phones or interactive television)
Note: The information must be easily, directly and
permanently accessible. In practice in the case of a web
site this means on the site itself |
The business must provide the
following information:-
The name of the business
The geographic address where it is established
Contact details (including the email address of the
business) to enable direct and rapid communication with the
business
And |
| |
If the business is registered
in a public trade or similar register:
The business must provide:-
Details of the register
The registration number (or other means of identification
in the register) |
| |
If the business is subject to
an authorisation scheme, (e.g. authority to sell financial
services):
The business must provide:-
Particulars of the regulatory authority |
| |
If the business carries on a
regulated profession:-
The business must provide:-
Details of its professional body
The professional title
The EC member state where that title has been granted
A reference to the professional rules applicable to the
business and how to access them |
Commercial communications
Applies to
|
Requirements
|
| Any electronic
communication designed to promote the goods, services or
image of a business
Note: Allowing people to access a web site would not seem
to be a "communication" for this purpose |
The communication must:-
Be clearly identifiable as a commercial communication
Clearly identify on whose behalf it is made
If it contains a promotional offer, discount, premium or
gift, clearly identify the fact and the terms of the offer |
| |
If the
communication is an unsolicited
email, it must be clearly identifiable as (i.e. as an
unsolicited commercial communication) such as soon as it is
received |
Electronic contracting
Applies to
|
Requirements
|
| Anyone who enables
users to place orders on line
Note: However that contracts made only by exchange of
emails are not covered.
In the case of online contracts concluded between two
businesses, the parties can agree to exclude these rules |
Before the order
is placed the business must provide
the following information which must be clear:-
The way the contract will be made
Whether it will be filed by the business and be
accessible in future
The way in which the customer can correct input errors
before placing the order
The lanaguage(s) offered for the making of the contract
And |
| |
If the business subscribes to
any relevant codes of conduct, these must be specified and
information given as to how these can be consulted
electronically |
| |
If the business provides terms
and conditions applicable to the contract, they must be made
available to the customer in a way that allows the customer
to store and reproduce them |
| When the customer
places his order through technological means |
The business must:-
Acknowledge the order without undue delay and by
electronic means
Make available to the customer effective ways to allow
him to identify and correct input errors prior to the
placing of the order |
Sanctions
|
With
some exceptions, failure to comply gives rise to an action
for damages for breach of statutory duty |
|
Where
the business has failed to comply with a duty to make
available the terms of business applicable to a contract,
the customer can seek a court order requiring compliance |
|
Where
a contract has been concluded and the business has not made
available a means of identifying and correcting input
errors, the customer can cancel the contract unless a court
orders otherwise |
Note
The above is a very simplified summary of the regulations. In
designing web pages and systems for electronic ordering, businesses
should read the regulations themselves, have regard to guidance on
the rules available at the DTI web site and take appropriate
professional advice.
Further information
More information is available on the DTI website at:
www.dti.gov.uk/sectors/ictpolicy/ecommsdirective/ecommsdirectiveguidance/page10142.html |
 |
