E-Commerce DirectiveE-Commerce Directive20022002

OverviewOverview

E-Commerce Directive 2002 E-Commerce Directive 2002 OverviewOverview

This MapThis Map

It was derived from It was derived from

Complying with the E-Commerce Regulations 2002 by the DTI

There is more information atThere is more information at

The Electronic Commerce Directive (00/31/EC) on the DTI site

The full regulations areThe full regulations are

The Electronic Commerce (EC Directive) Regulations 2002

Applies toApplies to

PurposePurpose

Encourage use Boost consumer confidence Free Trade in EEA

Key FeaturesKey Features

Information provision– To consumer– Discounts– Offers– Concluding contracts

Limitation of service providers liability– Unlawful material created

by others– See regulations 17-22

Information provisionInformation provision

To consumer Discounts Offers Concluding contracts

Limitation of service providers Limitation of service providers liabilityliability

Unlawful material created by others See regulations 17-22

Non-ComplianceNon-Compliance

Cancel order Seek a court order Sue for damages Trading Standards can

apply for a "Stop Now Order"

Application of LawApplication of Law

Information RequirementsInformation Requirements

Full contact detailsFull contact details

Business Name Geographic Address Contact details including email

Details of relevant trade Details of relevant trade organisationsorganisations

Register Name Registration Number or other ID

Details of authorization Details of authorization schemesschemes

E.g. to advertise or sell financial services

Professional QualificationProfessional Qualification

Professional Body or Institution Professional Titles Member State which granted them Reference to professional rules and access

CommentsComments

Technological Constraints– If the means of transmission limits information e.g. text message,

the requirements are met providing it is backed up by complete information on the web site

Temporary Interruptions– Maintenance, System crash are reasonable excuses

Other Relevant Legislation– Consumer Protection (Distance Selling) regulations 2000

Electronic ContractingElectronic Contracting

Description of steps to Description of steps to conclude a contract on-lineconclude a contract on-line

At what point are they committed Any codes of conduct that apply and how to access them Any terms and conditions

– Can be saved by user and printed

Acknowledge order promptly and electronically

Indication of contract storage Indication of contract storage policypolicy

Filing Accessibility

Clear identification of the Clear identification of the means to correct any input means to correct any input

errorserrors

Prior to placing the order For instance provide a review with links back to input page

NotesNotes

Order and Acknowledgement are received– When the receiving party can access them

Order acknowledgement does not have to be by same means as order placement

B2B transactions can opt of some of these requirements Excluded contracts concluded solely by email or

equivalent individual communications

Clear Commercial Clear Commercial CommunicationsCommunications

Identification of who sent itIdentification of who sent it

Person and/or Organization

Identification of promotional Identification of promotional offersoffers

Discounts, Promotional Offers, Premiums, Gifts, Games

Explanation of qualifying Explanation of qualifying conditionsconditions

Clear and unambiguous

Indication of unsolicited Indication of unsolicited materialmaterial

Recipients must be able to immediately identify Include "unsolicited advertisement" or "unsolicited

commercial communication" in the email title

Not includedNot included

Domain Names and e-mail addresses Product audits Statutory Reports Welcome messages and greeting cards

Other relevant legislationOther relevant legislation

Text messages are calls Telecommunication (Data Protection and Privacy)

Regulations 1999