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e-commerce Source - Electronic Commerce (EC Directive) Regulations 2002 ('the Regulations') How to approach a q:
- for distinction points: define the terms
- First half of q will be 'what Regs the S ought to have complied w/' cf. Regs 6, 9 and 11
- Second half of q will be 'what are consequences of non-compliance' cf. Regs 13, 14 and 15 and which go w/which Key defined terms
- information society service - r.2(1) "any service normally provided for remuneration, a distance, by means of electronic equipment for processing .. And storage of data, and the individual request of the recipient of a service"
- Term includes: services that are commonly provided by ISPs such as provision of access to a communication network, email hosting and transmission and website hosting, selling and even just advertising goods/services online; and providing services via a mobile phone
- Service provider and recipient - r.2(1) "any person providing an info society service" as that term refers to normally provided for remuneration, it is possibly for a person who provides services for free to qualify as service provider
- Commercial communication - r.2(1) covers promotional activity in a wide range of communications media such as email, websites, banners and pop-ups. Part 1 of q Reg 6 - general
- What Regs should SP have complied w/?
Info to be provided by a person providing an info society service: Reg 6(1)(a-g): (a) name of SP (b) Address of SP (c) Deets of SP, including email (d) Details of SP register where apprope See (e) to (f)
Does regulation apply to this electronic contract?
Regs 9 and 11
Regs 9 and 11 apply to where provision of an ISS involves the placing of orders by technological means or the conclusion of contracts via electronic matters and impose special obligations on service provider Nb. Essential to recognize Regs dealing w/online contract hs have no effect on the operation of CL contractual principles
A service provider is obliged to acknowledge receipt of a customer's orders. This does no amount to obligation to "accept"
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