Out-Law / Your Daily Need-To-Know

The UK Department of Trade and Industry yesterday released a draft of the E-commerce Regulations which, if adopted, would implement the EU’s Directive, albeit several months late. The DTI is seeking comments on its proposals.

Member States were due to implement the E-commerce Directive before 17th January 2002. The UK, like the majority of Member States, failed to meet this deadline. Its draft Regulations will now undergo an eight week consultation period. This follows an earlier consultation on the terms of the Directive, which ended in November 2001.

The draft Regulations closely follow the Directive, which sets out new rules for:

  • Certain information that a web site must provide for consumers (adding to the requirements that e-tailers must provide under the Distance Selling Regulations);
  • Information that a consumer must have about the steps to take to conclude a contract on-line;
  • Information to provide in on-line advertising;
  • Limiting the liability of ISPs for unlawful material which they carry unwittingly; and
  • The national law that will apply to on-line services.

E-commerce Minister Douglas Alexander said yesterday:

“We need to get the legal framework right. This consultation will help make sure we get the legislation framed so we make the UK the best place to do e-commerce. The regulations will be finalised after careful consideration of the responses to the consultation.”

The DTI is inviting public comment on its proposals by 2nd May 2002 to: [email protected]

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