E-commerce and the law
E-commerce Regulations
The E-commerce Regulations came into force in August 2002. They implement the European E-Commerce Directive into UK law and one of their main aims is to ensure that electronic contracts are legally binding and enforceable throughout Europe.
The Regulations apply to businesses that:
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sell goods or services to businesses or consumers on the internet, or by email or Standard Messaging Service (SMS) ie text messages
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advertise on the internet, or by email or SMS
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convey or store electronic content for customers, or provide access to a communications network
They do not cover direct marketing by phone or fax.
Information requirements
The E-commerce Regulations identify specific information about your business that you must provide to recipients of online services, and set down guidelines regarding advertising and promotions.
Contracting online
If you form a contract online by electronic means, your customer should be able to print and store a copy of the terms and conditions. To find out about what information you must give the customer and other practical advice on how to comply, see the page in this guide on tips for complying with the E-commerce Regulations.
Advertising
If you intend to advertise on the internet, or by email or SMS, the Regulations stipulate that "commercial communications" must be clearly recognisable as such. They must clearly identify the person on whose behalf the marketing communication is sent, together with any promotional offer.
The Regulations also cover "unsolicited commercial communications", commonly referred to as spam. They require that these communications are identifiable from the subject line of the email, without the need to read the rest of the message. SMS messages are not covered for these purposes.
Subjects covered in this guide
- Introduction
- E-commerce Regulations
- Tips for complying with the E-commerce Regulations
- Regulations applying to telephone and fax marketing
- Privacy and Electronic Communications Regulations
- Tips for complying with the Privacy and Electronic Communications Regulations
- Distance Selling Regulations
- Provision of Services Regulations
