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e-Commerce Law

Ecommerce enables transactions to be global and consequently the laws of various jurisdictions must be considered. The notes below only highlight some of the common areas of law to be considered, you should consult your solicitor for advice specific to your business requirements. Further information maybe found at Woolley & Co Solicitors.

Recent regulations require the following:

  • Privacy and Electronic Communications Regulations (PECR) 2011 - the new cookie law - further information here.
  • There is a minimum information requirement for any business trading on-line. This includes the full address and name of the trading body and registered number.
  • There must be an acknowledgment of each order electronically.
  • Your on-line terms & conditions must be capable of being downloaded and stored off-line and there should be an "I accept" button for buyers to confirm they accept your conditions of sale.
  • It is recommended that you include a Privacy Policy on your site.
  • Marketing emails must show the sender's identity with a valid address for opt-out requests. The sender must also have the recipient's prior consent to receive marketing emails unless the recipient's email was collected "in the course of a sale or negotiations of a sale" AND the promotional message only relates to "similar products or services" AND the recipient is given the opportunity to opt-out when the email address is collected and in every subsequent message.

For further reading please follow the links below:

  1. Privacy and Electronic Communications Regulations (PECR) 2011 - the new cookie law
  2. The Electronic Commerce (EC Directive) Regulations 2002 (SI 2002 No. 2013)
  3. The Consumer Protection (Distance Selling) Regulations 2000
  4. Business Link - E-commerce
  5. The Payment Card Industry Data Security Standard (PCI DSS)
  6. Companies Act 2006 - Websites & Emails

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