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www.cmypitch.com

E-Commerce Regulations

Applicability

The E-Commerce Regulations apply to all organisations that advertise and/or sell goods or services online, whether such activity is business to business or business to consumer.

Information that must appear on a website

The E-Commerce Regulations requires that organisations advertising or selling online must provide website users with:

  • the full name of the organisation;
  • the geographic address of the organisation; and
  • contact details, including an email address.

If applicable to the nature of the business in question, you should also provide users with:

  • the name of any public trade or similar register in which the organisation is entered, and the registration number
  • the name and details of any supervisory authority if the service provider is subject to an authorisation scheme
  • details of the service provider's VAT registration
  • where references are made to prices, these should be clearly stated and shall indicate whether they include taxes and delivery.
In line with the E-Commerce Regulations, The Companies (Trading Disclosures) Regulations 2008 also requires that an online trading organisation sets out the following information on their website:
  • the part of the UK in which the organisation is registered;
  • the company registration number;
  • the registered address of the organisation;
  • the amount of paid up share capital (if applicable). 
In addition, where an online trading organisation is:
  • exempted from using the word "limited" under the Companies Act 1985 or is a community interest company (and therefore not a public company), it must clearly state on their website that they are limited companies; or
  • an investment company according with section 833 of the Companies Act 2006, then it must clearly state this on their website.

Information that must be provided in commercial communications

If organisations that conduct business online issue any communications (such as emails) to promote the goods, services or the organisation, the E-Commerce Regulations require that such communications should:

  • be clearly identifiable as a commercial communication;
  • clearly identify the sender of the communication; and
  • clearly identify any promotional offer, competition or game and ensure that any relevant terms and conditions are easily accessible, clear and unambiguous

Information to be provided when a contract is made online

Information to be provided prior to the conclusion of a contract

The E-Commerce Regulations require a service provider to provide their customer with details of:

  • the technical steps to follow to conclude the contract;
  • whether or not the concluded contract will be filed and whether it will be accessible;
  • the technical means for identifying and correcting input errors prior to placing an order;
  • the languages offered for the conclusion of the contract;
  • any relevant codes of conduct to which the service provider subscribes and information on how those codes can be consulted electronically;
  • the technical means to identify and correct any errors (failure to do so will allow the customer to rescind the contract); and
  • the terms of the contract, in such a way that allows them to be stored and reproduced.
Information to be provided after conclusion of a contract

Where a customer places an order online, the service provider must acknowledge receipt of the order by electronic means 'without undue delay'.

The risks associated with failing to comply with the E-Commerce Regulations

The E-Commerce Regulations definition of 'enforcement authorities' includes any body able to impose a sanction for failure to comply with any provision of UK law. Examples of such bodies include the Office of Fair Trading and the Trading Standards Departments.

If you fail to meet the requirements of the E-Commerce Regulations customers may also be able to:

  • cancel their orders
  • seek a court order
  • sue for damages, if they have suffered a loss as a result of a failure to comply with the E-Commerce Regulations
The Internet & Data Protection