Is your website compliant?

I've heard about the Electronic Commerce Directive. How does it affect me?

The Electronic Commerce (EC Directive) Regulations 2002 are likely to apply to you if you sell goods or services to businesses or consumers on the Internet or by e-mail, advertise on the Internet or by e-mail, or convey or store electronic content for your customers or provide access to a communication network. In other words, the Regulations apply to most businesses.

What are the main features of the Regulations?

Two key features of the Regulations are that:

• Subject to some exceptions, online selling and advertising is subject to the laws of the UK if you, the trader, are established here.
• Recipients of online services must be given clear information about you, the nature of commercial communications and how to complete an online transaction.

You may already satisfy some or all of these Regulations, particularly if you are already aware of and complying with the Consumer Protection (Distance Selling) Regulations 2000 if they are applicable to you. However, you should certainly check that you do comply.

Ok - how will this affect me in practice?

The main impact of the Regulations for most businesses in practice is the requirement to make available to the recipient of the service, and to any relevant enforcement authority, in a form and manner which is easily, directly and permanently accessible, certain information including:

your name

the geographic address at which you are established

your details including e-mail address

details of any trade register in which you are entered and your registration number or equivalent means of identification in that register

where your services are subject to an authorisation scheme, the particulars of the relevant supervisory authority

where you undertake an activity that is subject to VAT, your identification number

where you exercise a regulated profession:

(i) the details of any professional body or similar institution with which you are registered
(ii) your professional title and the Member State where that title has been granted
(iii) a reference to the professional rules applicable to you in the Member State of establishment and the means to access them

Are there any requirements regarding prices?

If you refer to prices, you must ensure that these are indicated clearly and unambiguously and, in particular, indicate whether they are inclusive of tax and delivery costs.

What else do the Regulations cover?

• commercial communications.
• unsolicited commercial communications.
• the information which must be provided when contracts are concluded by electronic means.
• how to deal with the placing of orders.

If you have any queries, do not hesitate to contact Frank Jennings on frank.jennings@dmhstallard.com , please provide your full contact details including address and telephone number.

This document is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from taking any action as a result of the contents of this document.