E Commerce - International Commercial Law

1. Consumer Protection (Distance Selling) Regulations 2000 (CPR)

It applies to B2C.

The intention behind these rules is that the buyer knows exactly what they are getting themselves into when they “sign” in the electronic dotted line. Therefore, the buyer is being protected from nasty surprises about: who is to deliver, who pays for delivery etc.

• Reg. 3: Definitions (Distant Contract)

• Reg. 5:Excepted Contracts (Land Building Financial Services and Auction Contracts)

• Reg. 6(2)(a): Partly Excepted Contracts: Regs 7 to 19 won’t apply to contracts of food, beverages or other goods for everyday consumption

• Reg. 6(2)(b): Partly Excepted Contracts: Regs 7 to 19 won’t apply to contracts for accommodation, transport, catering or leisure

• Reg. 7: Informationprior toconclusion of Contract (Identity, Description of goods, Description of price,Cost of Delivery, Delivery Arrangements, Buyer’s right to withdraw, availability on the stated terms, Cancelation)

2. E-Commerce (EC Directive) Regulations 2002 (ECR)

It applies to both B2B and B2C

It Requires sellers selling on the internet to provide certain information pre-contract information about their:

• Reg.6(1):General information about the seller (name, geographical address, e-mail, registration number or ID, supervisory authority and VAT )

• Reg.6(2):Price List

• Reg.7:Commercial communications (i.e. marketing) information

• Reg.9:Information Prior to Orders being placed by user i.e. prior contract (Technical steps, whether contract will be filled and where, how to correct errors, language, the T&Cs)

Contract Formation

Reg 11(2)(a)The directive requires the online seller to:

• Acknowledge receipt of order quickly (method is not specified so the webpage can be used). Include:

• Rights to cancel the order

• Guarantee

• After sale services

• Geographic address where complaints can be addressed to

• Contractual terms can be stored and reproduced (i.e. downloadable terms)

Reg.12: (Offer and Acceptance) The Customer’s order = Contractual offer. The supplier’s acknowledgement = acceptance. Thus, USEFUL for Keeping out OVERSEAS orders!

Post Contract Issues (based on the Consumer Protection (Distance Selling) Regulations 2000 (CPR))

• CPR s.12(2)A 7 working day cooling-off periodto CANCEL (where consumers can change their mind about the order). This term is very controversial as it gives the consumer wide leeway to cancel.

• CPR s.14(3)A 30 day period to reimburse

• CPR s.19(1)The order must be executed within 30 days

3. Directive on Privacy and Electronic Communications 2003 (PECR)

It applies to both B2B and B2C

It’s about Data protection. It Requires sellers selling on the internet to provide certain pre-contract information about:

• Consent is required for unsolicited advertising

• Provide the recipient with “opt-out” rights

• Marketing/Spam information should identify the person on whose behalf it is sent

• Marketing information should identify any promotional offer including discount, premium or gift

• Marketing Information should identify any conditions that apply (clear and noticeable)

• Regulates the use of cookies (Website should announce the use of cookies and how to opt-out)

DPA 1998 Aims to:

1. Protect info about individuals from being disclosed improperly and to harmonise UK and EU law

2. Allow individuals to access information held about them

DATA PROTECTION APPROACH:

‘data controller’ means . . . a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which personal data are, or are to be, processed;

‘personal data’ means data which relate to a living individual who can be identified—

(a) from those data, or

(b) from those data & other info which is in the possession of, or is likely to come into the

possession of, the data controller,

and includes any expression of opinion about the individual and any indication of the intentions of thedata controller or any other person in respect of the individual;

‘processing’, in relation to information or data, means obtaining, recording or holding theinformation or data or carrying out any operation or set of operations on the information or data,including—

(a) organisation, adaptation or alteration of the information or data,

(b) retrieval, consultation or use of the information or data,

(c) disclosure of the info or data by transmission, dissemination or otherwise makingavailable, or

(d) alignment, combination, blocking, erasure or destruction of the information or...