ECommerce Directive 2002 Overview ECommerce Directive 2002 Overview

E-Commerce Directive 2002 Overview

E-Commerce Directive 2002 Overview

This Map

It was derived from l Complying with the E-Commerce Regulations 2002 by the DTI

There is more information at l The Electronic Commerce Directive (00/31/EC) on the DTI site

The full regulations are l The Electronic Commerce (EC Directive) Regulations 2002

Applies to

Purpose Encourage use l Boost consumer confidence l Free Trade in EEA l

Key Features l Information provision – To consumer – Discounts – Offers – Concluding contracts l Limitation of service providers liability – Unlawful material created by others – See regulations 17 -22

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

Limitation of service providers liability Unlawful material created by others l See regulations 17 -22 l

Non-Compliance Cancel order l Seek a court order l Sue for damages l Trading Standards can apply for a "Stop Now Order" l

Application of Law

Information Requirements

Full contact details Business Name l Geographic Address l Contact details including email l

Details of relevant trade organisations Register Name l Registration Number or other ID l

Details of authorization schemes l E. g. to advertise or sell financial services

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

Comments l 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 l Temporary Interruptions – Maintenance, System crash are reasonable excuses l Other Relevant Legislation – Consumer Protection (Distance Selling) regulations 2000

Electronic Contracting

Description of steps to conclude a contract on-line At what point are they committed l Any codes of conduct that apply and how to access them l Any terms and conditions l – Can be saved by user and printed l Acknowledge order promptly and electronically

Indication of contract storage policy Filing l Accessibility l

Clear identification of the means to correct any input errors Prior to placing the order l For instance provide a review with links back to input page l

Notes l 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 l B 2 B transactions can opt of some of these requirements l Excluded contracts concluded solely by email or equivalent individual communications l

Clear Commercial Communications

Identification of who sent it l Person and/or Organization

Identification of promotional offers l Discounts, Promotional Offers, Premiums, Gifts, Games

Explanation of qualifying conditions l Clear and unambiguous

Indication of unsolicited material Recipients must be able to immediately identify l Include "unsolicited advertisement" or "unsolicited commercial communication" in the email title l

Not included Domain Names and e-mail addresses l Product audits l Statutory Reports l Welcome messages and greeting cards l

Other relevant legislation Text messages are calls l Telecommunication (Data Protection and Privacy) Regulations 1999 l