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Published byRonald Leonard Modified over 9 years ago
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E-Commerce Directive 2002 Overview
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This Map
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It was derived from Complying with the E-Commerce Regulations 2002 by the DTI
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There is more information at The Electronic Commerce Directive (00/31/EC) on the DTI site
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The full regulations are The Electronic Commerce (EC Directive) Regulations 2002
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Applies to
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Purpose Encourage use Boost consumer confidence Free Trade in EEA
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Key Features Information provision – To consumer – Discounts – Offers – Concluding contracts Limitation of service providers liability – Unlawful material created by others – See regulations 17-22
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Information provision To consumer Discounts Offers Concluding contracts
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Limitation of service providers liability Unlawful material created by others See regulations 17-22
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Non-Compliance Cancel order Seek a court order Sue for damages Trading Standards can apply for a "Stop Now Order"
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Application of Law
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Information Requirements
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Full contact details Business Name Geographic Address Contact details including email
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Details of relevant trade organisations Register Name Registration Number or other ID
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Details of authorization schemes E.g. to advertise or sell financial services
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Professional Qualification Professional Body or Institution Professional Titles Member State which granted them Reference to professional rules and access
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Comments 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 Temporary Interruptions – Maintenance, System crash are reasonable excuses Other Relevant Legislation – Consumer Protection (Distance Selling) regulations 2000
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Electronic Contracting
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Description of steps to conclude a contract on-line At what point are they committed Any codes of conduct that apply and how to access them Any terms and conditions – Can be saved by user and printed Acknowledge order promptly and electronically
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Indication of contract storage policy Filing Accessibility
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Clear identification of the means to correct any input errors Prior to placing the order For instance provide a review with links back to input page
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Notes 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 B2B transactions can opt of some of these requirements Excluded contracts concluded solely by email or equivalent individual communications
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Clear Commercial Communications
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Identification of who sent it Person and/or Organization
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Identification of promotional offers Discounts, Promotional Offers, Premiums, Gifts, Games
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Explanation of qualifying conditions Clear and unambiguous
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Indication of unsolicited material Recipients must be able to immediately identify Include "unsolicited advertisement" or "unsolicited commercial communication" in the email title
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Not included Domain Names and e-mail addresses Product audits Statutory Reports Welcome messages and greeting cards
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Other relevant legislation Text messages are calls Telecommunication (Data Protection and Privacy) Regulations 1999
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