Electronic Commerce Regulations 2002
Encyclopedia
The Electronic Commerce (EC Directive) Regulations 2002, SI
2002/2013, incorporates the EU Electronic Commerce Directive
2000/31/EC into the law
of the United Kingdom
. They apply to contracts concluded by electronic means over distance whereby the buyer is a consumer. This subordinate legislation provides for rights of the consumer and provisions for which the seller is obliged to fulfill.
as the subjective requirement of the person not regarding herself as acting in the course of a business, therefore one may be a consumer if using a company account or using business details for tax
purposes.
). Terms and conditions under which the contract is concluded must be made available to the consumer in a means capable of reproduction and storage. This does not apply to email
, although the Consumer Protection (Distance Selling) Regulations 2000
may apply.
These rights can be expressly exempted, although ironically these regulations would apply to the exemption clause, as would the Unfair Contract Terms Act 1977
and the Unfair Terms in Consumer Contracts Regulations 1999
.
Information that must be provided to the consumer.
More information must be given under the Consumer Protection (Distance Selling) Regulations 2000
.
A court order may be given for access to terms and conditions of which the consumer has already consented.
Where the consumer has not been informed in the correct manner of the procedure to amend errors in orders and she has made errors, the contract
can be rescinded
.
occurs when the order is sent. Richards construes reg 11(2) as providing that the acknowledgement screen will constitute a contractual acceptance
.
Instantaneous Communication here is in line with that discussed by Lord Denning
in Entores v Miles Far East Corporation and so communication is effect when received or when it can reasonably be deemed to have been received.
Statutory Instrument
A Statutory Instrument is the principal form in which delegated or secondary legislation is made in Great Britain.Statutory Instruments are governed by the Statutory Instruments Act 1946. They replaced Statutory Rules and Orders, made under the Rules Publication Act 1893, in 1948.Most delegated...
2002/2013, incorporates the EU Electronic Commerce Directive
Electronic Commerce Directive
The EU Electronic Commerce Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market.-Overview:...
2000/31/EC into the law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. They apply to contracts concluded by electronic means over distance whereby the buyer is a consumer. This subordinate legislation provides for rights of the consumer and provisions for which the seller is obliged to fulfill.
Definition of a Consumer
A Consumer is a "natural person who is acting for the purposes other than those of his trade, business or profession." The definition is slightly broader than that for the purposes of the Unfair Contract Terms Act 1977Unfair Contract Terms Act 1977
The Unfair Contract Terms Act 1977 is an Act of Parliament of the United Kingdom which regulates contracts by restricting the operation and legality of some contract terms. It extends to nearly all forms of contract and one of its most important functions is limiting the applicability of...
as the subjective requirement of the person not regarding herself as acting in the course of a business, therefore one may be a consumer if using a company account or using business details for tax
Tax
To tax is to impose a financial charge or other levy upon a taxpayer by a state or the functional equivalent of a state such that failure to pay is punishable by law. Taxes are also imposed by many subnational entities...
purposes.
Obligations Imposed Upon the Seller
Before the contract is formed, the seller must state in a "clear, comprehensible and unambiguous manner" the technical step involved to place an order (contractual offerOffer and acceptance
Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. Agreement consists of an offer by an indication of one person to another of the offeror's willingness to enter into a contract on certain terms without...
). Terms and conditions under which the contract is concluded must be made available to the consumer in a means capable of reproduction and storage. This does not apply to email
Email
Electronic mail, commonly known as email or e-mail, is a method of exchanging digital messages from an author to one or more recipients. Modern email operates across the Internet or other computer networks. Some early email systems required that the author and the recipient both be online at the...
, although the Consumer Protection (Distance Selling) Regulations 2000
Consumer Protection (Distance Selling) Regulations 2000
The Consumer Protection Regulations 2000, SI 2000/2334, incorporates Directive into law of the United Kingdom. They apply to contracts "concluded between a supplier and a consumer under an organised distance sales or services provision scheme run by the supplier who, for the purposes of the...
may apply.
These rights can be expressly exempted, although ironically these regulations would apply to the exemption clause, as would the Unfair Contract Terms Act 1977
Unfair Contract Terms Act 1977
The Unfair Contract Terms Act 1977 is an Act of Parliament of the United Kingdom which regulates contracts by restricting the operation and legality of some contract terms. It extends to nearly all forms of contract and one of its most important functions is limiting the applicability of...
and the Unfair Terms in Consumer Contracts Regulations 1999
Unfair Terms in Consumer Contracts Regulations 1999
The Unfair Terms in Consumer Contracts Regulations 1999 is a UK statutory instrument, which implements the EU Unfair Consumer Contract Terms Directive into domestic law.Implemented under the European Communities Act 1972. See also, L95 OJ 29...
.
Information that must be provided to the consumer.
- Acknowledgement of the order by electronic means without undue delay, and information of how to amend any input errors made.
More information must be given under the Consumer Protection (Distance Selling) Regulations 2000
Consumer Protection (Distance Selling) Regulations 2000
The Consumer Protection Regulations 2000, SI 2000/2334, incorporates Directive into law of the United Kingdom. They apply to contracts "concluded between a supplier and a consumer under an organised distance sales or services provision scheme run by the supplier who, for the purposes of the...
.
Rights of the Consumer
Liability of breach of these conditions gives rise to an action for Breach of statutory duty.A court order may be given for access to terms and conditions of which the consumer has already consented.
Where the consumer has not been informed in the correct manner of the procedure to amend errors in orders and she has made errors, the contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
can be rescinded
Rescission
In contract law, rescission has been defined as the unmaking of a contract between parties. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract .-In court:Rescission is an...
.
Contractual Construction
reg 12 provides that a contractual offerOffer and acceptance
Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. Agreement consists of an offer by an indication of one person to another of the offeror's willingness to enter into a contract on certain terms without...
occurs when the order is sent. Richards construes reg 11(2) as providing that the acknowledgement screen will constitute a contractual acceptance
Offer and acceptance
Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. Agreement consists of an offer by an indication of one person to another of the offeror's willingness to enter into a contract on certain terms without...
.
Instantaneous Communication here is in line with that discussed by Lord Denning
Denning
Denning can be:...a placename, as in the following* Denning , a crater located on the far side of the Moon* Denning * Denning, New York, an American town in Ulster County, New York...
in Entores v Miles Far East Corporation and so communication is effect when received or when it can reasonably be deemed to have been received.
See also
- Electronic Signature Regulations 2002
- Consumer Protection (Distance Selling) Regulations 2000Consumer Protection (Distance Selling) Regulations 2000The Consumer Protection Regulations 2000, SI 2000/2334, incorporates Directive into law of the United Kingdom. They apply to contracts "concluded between a supplier and a consumer under an organised distance sales or services provision scheme run by the supplier who, for the purposes of the...
- Sale of Goods Act 1979Sale of Goods Act 1979The Sale of Goods Act 1979 is an Act of the Parliament of the United Kingdom which regulates English contract law and UK commercial law in respect of goods that are sold and bought. The Act consolidates the original Sale of Goods Act 1893 and subsequent legislation, which in turn had codified and...
- Unfair Contract Terms Act 1977Unfair Contract Terms Act 1977The Unfair Contract Terms Act 1977 is an Act of Parliament of the United Kingdom which regulates contracts by restricting the operation and legality of some contract terms. It extends to nearly all forms of contract and one of its most important functions is limiting the applicability of...
- Electronic Commerce DirectiveElectronic Commerce DirectiveThe EU Electronic Commerce Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market.-Overview:...