In the interest of consistency of community legislation, those lists should be taken into account in this regulation. The electronic commerce ec directive regulations 2002 ballyhoo. These regulations implement articles 3, 5, 6, 71, 10 to 14, 182 and 20 of directive 200031ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market directive on electronic commerce the directive except in those areas covered by the measures referred to in. The regulations, properly called the electronic commerce ec directive regulations 2002, implement the eus ecommerce directive into uk law. Part of the digital single market strategy is focused on defining an appropriate ecommerce framework and preventing unfair discrimination against consumers and businesses who access content or buy goods and services online within the eu. Directive 200031ec eurlex european union legalcontentenall. The e commerce directive, adopted in 2000, sets up an internal market framework for online services. The dti has also published an explanatory guide for business the guide, a final ria and shorter guide aimed at small businesses available at.
Council regulation ec no 16722000 of 27 july 2000 amending regulation ec no 12511999 establishing a support system for producers of certain arable crops, to include flax and hemp grown for fibre official journal l 193, 29072000 p. Regulations 2002 and except for regulation 16 shall come into. The electronic commerce ec directive regulations 2002 came into force in august 2002 and implement the european unions e commerce directive into uk law. The electronic commerce directive 0031ec and the electronic. The document contains a series of frequently asked questions about the european union e commerce directive and the uk regulation which transposes this directive into national law. Explanatory note this note is not part of the instrument and does not purport to be a legal interpretation. The society for computers and the law internet interest group, comments on the draft electronic commerce ec directive regulations 2002 and on the guidance notes issued to explain them. Feb 20, 20 however, the ecommerce regulations designed as a shield to protect isps, could turn to a stick with which, isps that monitor activities, may be beaten.
See the electronic commerce ec directive regulations 2002. The privacy and electronic communications regulations 2003. The electronic commerce ec directive regulations 2002 came into force in august 2002 and implement the european unions ecommerce directive into uk law. See regulation 31 however these activities are of course subject to national. First report on the application of directive 200031ec of the european parliament. Council regulation ec no 23712002 of 20 december 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy a new set of regulations have also been adopted on specific issues. The obligation on the uk under the new directive to restrict unsolicited electronic communications spam and uce in accordance with the new directives terms extends and reflects the provisions of article 14b of the framework data protection directive 4. Seeking to bring the benefits of the internal market to electronic commerce, the ecd set the standard for a common regulatory framework. The electronic commerce directive aka e commerce directive. Every member of the eu must incorporate eu laws into. Guidelines on the privacy and electronic communications. The eagerly awaited electronic commerce ec directive regulations 2002 4 the regulations were finally laid before parliament on 31 july 2002 and came into effect on 21 august 2002. In 1997, the european union adopted the telecoms directive which related to privacy in the telecommunications sector.
A public consultation was conducted between august and november 2011 to analyse the reasons why electronic commerce remains limited to less than 4% of total retail service sales in the eu over 10 years after it started. These regulations implement articles 3, 5, 6, 71, 10 to 14, 182 and 20 of directive 200031ec of the european parliament and of the council of 8 june 2000. The directive 200031 ec is usually called the e commerce directive, or the directive on e commerce. Whether your business is trading online or not, it is almost certainly affected by the ecommerce regulations which came into force in the uk on 21st august 2002.
Privacy and electronic communications directive org wiki. These regulations transpose the electronic commerce directive 200031ec. The purpose of these regulations is to transpose into irish law the essential requirements of directive 200031 ec on certain legal aspects of information society services, in particular electronic commerce, in the internal market electronic commerce directive. At the time of adoption it became apparent that it was immediately out of date, due to it being unclear as to how it would apply to the internet and other developing technology. Electronic commerce ec directive regulations 2002 uk. Directive as last amended by directive ensure a high level of protection of objectives of general 987 ec of the european parliament and of the council oj l 101, 1. The electronic commerce ec directive regulations 2002 order description1 please do read all the documents in the file, case study and question will placed together. If the consumer is not informed of this cooling off right, the cooling off period is extended by up to three months. What groups of businesses does this law not apply to. European union ecommerce directive article by article.
These regulations transpose the electronic commerce directive 200031 ec. If a retailerservice provider fails to provide information required by. See end of document for details view outstanding changes member state includes a state which is a contracting party to the eea agreement. The regulations cover virtually all commercial businesses and organisations, and cover more than just ecommerce. Privacy and electronic communications regulations ico.
In june of 2000 the european union passed the e commerce directive1 subsequently referred to as ecd or the directive. Aug 19, 2010 if you are only hosting the image, you should have a defence if you act expeditiously to remove the offending image, and were not previously aware of it. They apply to contracts concluded by electronic means over distance whereby the buyer is a consumer. The electronic commerce ec directive regulations 2002 establishes legal rules that online retailers and service providers must comply with when dealing with consumers in the 27 member countries of the european union eu. The regulations cover virtually all commercial businesses and organisations, and cover more than just e commerce. Its aim is to remove obstacles to crossborder online services in the eu internal market and provide legal certainty for businesses and consumers. Mar 24, 2017 2010 the future of electronic commerce. The uks independent authority set up to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals. The privacy and electronic communications ec directive. The purpose of the electronic commerce ec directive regulations 2002 is to encourage better use of ecommerce and boost consumer confidence by. A guide for business to the electronic commerce ec directive. Directive 200031 ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market directive on electronic commerce official journal l 178, 17072000 p. The european ebusiness report 20022003 edition, the business. The purpose of the eu directive was to achieve clarification and.
See definition of regulated profession in regulation 2. Electronic commerce regulations 2002, companies act 2006 and consumer. Prior to the adaptation of the directive, the internet industry was suffering from. The electronic commerce ec directive regulations 2002 originates from the the eu electronic commerce directive 2000. Website legal requirements 5 electronic commerce regulations ec directive 5th october, 2009 in website policy the fifth of my website legal requirements blog series, explains how the electronic commerce regulations ec directive affects your ecommerce website and what you should do in order to comply. Examples of services covered by the directive include. The digital single market and the ecommerce directive. Council regulation ec no 23712002 european environment. Objectives directive on ecommerce 200031ec of 8 june 2000 ecd remove obstacles to crossborder online services in the eu internal market free movement of services provide legal certainty to business and citizens offer a flexible, technically neutral and balanced legal framework. Commission regulation ec no 12512008 of 12 december 2008. These regulations implement articles 3, 5, 6, 71, 10 to 14, 182 and 20 of directive 200031 ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market directive on electronic commerce the directive except in those areas covered by the measures referred to in. Although several other directives deal solely, or at least for the greater part, with e commerce topics, directive 200031 ec regulates central issues regarding electronic commerce, e. The directive dictates the information that consumers must be provided with in online transactions.
Online services directive 200031 ec allows an online intermediary to exempt themselves from liability if they are not responsible for content transmitted via their services because they are a mere conduit for the content, or if they are merely caching or hosting it. This directive just like other protection laws aims at providing consumers in a contract with certain protections and it also seeks to make sure that there is a proper functioning of the internal market by ensuring free movement of information. The 2002 e commerce regulations apply to businesses that. The purpose of the electronic commerce ec directive regulations 2002 is to encourage better use of ecommerce and boost consumer confidence by clarifying the rights and obligations of businesses and consumers. If you run a business online or through email orders, you must ensure you comply with these regulations.