Out-Law / Your Daily Need-To-Know

The UK Government on Friday launched a formal consultation on implementation of the E-commerce Directive, required under EU law by 17th January 2002. The new rules, intended to encourage e-commerce across Europe, were agreed in May 2000 by the European Union.

The directive is designed to lift barriers to e-commerce, thereby giving extra confidence to business and consumers. It directive includes requirements on:

  • The information an on-line service provider must give a consumer;
  • The information a consumer must have about the steps to take to conclude a contract on-line;
  • The information that must be given about the sender, discounts, offers etc. in on-line advertising;
  • Ways to make it easier for internet users to protect themselves from unsolicited e-mails;
  • The limitation of intermediate service providers' liability for unlawful information or activities they carry or store; and
  • The national law that will apply to a cross-border transaction.

The consultation document gives background on these issues and discusses how to introduce these requirements effectively in the UK. It identifies options and invites contributions. Where changes in legislation are required, these will be met by Regulations taking account of responses to the consultation, which closes on 2nd November.

The Department of Trade and Industry says that these new regulations will be complemented by additional initiatives by industry, in consultation with consumers and others, to make e-commerce work better by developing codes of practice and routines for alternative dispute settlement without recourse to the Courts.

The consultation document and further information can be obtained from DTI's web site.

The text of the E-commerce Directive is on the EU’s site.

Responses to the consultation, comments or requests for further information can be sent to [email protected].

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