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{{Use dmy dates|date=April 2022}}
{{Infobox UK legislation
| short_title = Electronic Commerce (EC Directive) Regulations 2002
| type = Statutory Instrument
| parliament = Parliament of the United Kingdom
| year = 2002
| citation = [[SI 2002]]/2013
| introduced_commons =
| introduced_lords =
| territorial_extent =
| si_made_date = 30 July 2002
| si_laid_date = 31 July 2002
| commencement =
| expiry_date =
| repeal_date =
| amends =
| replaces =
| primary_legislation =
| eu_directives =
| amendments =
| repealing_legislation =
| related_legislation =
| status = current
| legislation_history =
| theyworkforyou =
| millbankhansard =
| original_text = https://www.legislation.gov.uk/uksi/2002/2013/contents/made
| revised_text = https://www.legislation.gov.uk/uksi/2002/2013/contents
| use_new_UK-LEG =
| UK-LEG_title =
| collapsed =
}}
{{Contract law}}
{{Contract law}}


The '''Electronic Commerce (EC Directive) Regulations 2002''', [[Statutory Instrument|SI]] 2002/2013, incorporates the EU [[Electronic Commerce Directive]] 2000/31/EC into the [[law]] of the [[United Kingdom]].<ref name="euro">[[Enactment of a bill|Enacted]] pursuant to [[European Communities Act 1972 (UK)|European Communities Act 1972]]</ref> They apply to [[contracts]] concluded by electronic means over distance whereby the buyer is a consumer. This [[subordinate legislation]] provides for rights of the consumer and provisions for which the seller is obliged to fulfill.
The '''Electronic Commerce (EC Directive) Regulations 2002''', [[Statutory Instrument|SI]] 2002/2013, incorporates the EU [[Electronic Commerce Directive]] 2000/31/EC into the [[law]] of the [[United Kingdom]].<ref name="euro">[[Enactment of a bill|Enacted]] pursuant to [[European Communities Act 1972 (UK)|European Communities Act 1972]]</ref> They apply to [[contracts]] concluded by electronic means over distance whereby the buyer is a consumer. This [[subordinate legislation]] provides for rights of the consumer and provisions for which the seller is obliged to fulfill.


==Definition of a Consumer==
==Definition of a consumer==
A Consumer is a "natural person who is acting for the purposes other than those of his trade, business or profession."<ref name="reg21">reg 2(1).</ref> The definition is slightly broader than that for the purposes of the [[Unfair Contract Terms Act 1977]] as the subjective requirement of ''the person not regarding themselves as acting in the course of a business'', therefore one may be a consumer if using a company account or using business details for [[tax]] purposes.
A Consumer is a "natural person who is acting for the purposes other than those of his trade, business or profession."<ref name="reg21">reg 2(1).</ref> The definition is slightly broader than that for the purposes of the [[Unfair Contract Terms Act 1977]] as the subjective requirement of ''the person not regarding themselves as acting in the course of a business'', therefore one may be a consumer if using a company account or using business details for [[tax]] purposes.


==Obligations Imposed Upon the Seller==
==Obligations imposed upon the seller==
'''Before the contract is formed''', the seller must state in a "clear, comprehensible and unambiguous manner" the technical step involved to place an order (contractual [[Offer and Acceptance|offer]]).<ref name="reg91">reg 9(1)(a).</ref> Terms and conditions under which the contract is concluded must be made available to the consumer in a means capable of reproduction and storage.<ref name="reg93">reg 9(3).</ref> This does not apply to [[email]], although the [[Consumer Protection (Distance Selling) Regulations 2000]] may apply.
'''Before the contract is formed''', the seller must state in a "clear comprehensible and unambiguous manner" the technical step involved to place an order (contractual [[Offer and Acceptance|offer]]).<ref name="reg91">reg 9(1)(a).</ref> Terms and conditions under which the contract is concluded must be made available to the consumer in a means capable of reproduction and storage.<ref name="reg93">reg 9(3).</ref> This does not apply to [[email]], although the [[Consumer Protection (Distance Selling) Regulations 2000]] may apply.


These rights can be expressly exempted,<ref name="reg91-2">reg 9(1).</ref> although ironically these regulations would apply to the exemption clause, as would the [[Unfair Contract Terms Act 1977]] and the [[Unfair Terms in Consumer Contracts Regulations 1999]].
These rights can be expressly exempted,<ref name="reg91-2">reg 9(1).</ref> although these regulations applied to the exemption clause, as did the [[Unfair Contract Terms Act 1977]] and the [[Unfair Terms in Consumer Contracts Regulations 1999]].


'''Information that must be provided to the consumer'''.
'''Information that must be provided to the consumer'''.
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More information must be given under the [[Consumer Protection (Distance Selling) Regulations 2000]].
More information must be given under the [[Consumer Protection (Distance Selling) Regulations 2000]].


==Rights of the Consumer==
==Rights of the consumer==
Liability of breach of these conditions gives rise to an action for [[Breach of statutory duty]].<ref name="reg13">reg 13.</ref>
Liability of breach of these conditions gives rise to an action for [[Breach of statutory duty]].<ref name="reg13">reg 13.</ref>


A court order may be given for access to terms and conditions of which the ''consumer'' has already consented.
A court order may be given for access to terms and conditions of which the ''consumer'' has already consented.


Where the ''consumer'' has not been informed in the correct manner of the procedure to amend errors in orders and they have made errors, the [[contract]] can be [[rescission|rescinded]].<ref name="reg15">reg 15.</ref>
Where the ''consumer'' has not been informed in the correct manner of the procedure to amend errors in orders and they have made errors, the [[contract]] can be [[Rescission (contract law)|rescinded]].<ref name="reg15">reg 15.</ref>


==Contractual Construction==
==Contractual construction==
reg 12 provides that a [[Offer and Acceptance|contractual offer]] occurs when the order is sent. Richards<ref name="richards">Richards, P, ''The Law of Contract'', ed7 (2006, London: Pearsons) at 42</ref> construes reg 11(2) as providing that the acknowledgement screen will constitute a [[Offer and Acceptance|contractual acceptance]].
reg 12 provides that a [[Offer and Acceptance|contractual offer]] occurs when the order is sent. Richards<ref name="richards">Richards, P, ''The Law of Contract'', ed7 (2006, London: Pearsons) at 42</ref> construes reg 11(2) as providing that the acknowledgement screen will constitute a [[Offer and Acceptance|contractual acceptance]].


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* [[Unfair Contract Terms Act 1977]]
* [[Unfair Contract Terms Act 1977]]
* [[Electronic Commerce Directive]]
* [[Electronic Commerce Directive]]
* [[Digital Markets, Competition and Consumers Bill]]


==External links==
==External links==
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[[Category:English contract law]]
[[Category:English contract law]]
[[Category:2002 in British law]]
[[Category:2002 in British law]]
[[Category:Statutory Instruments of the United Kingdom]]
[[Category:Statutory instruments of the United Kingdom]]
[[Category:E-commerce]]
[[Category:E-commerce in the United Kingdom]]

Latest revision as of 10:26, 25 July 2024

Electronic Commerce (EC Directive) Regulations 2002
Statutory Instrument
Parliament of the United Kingdom
CitationSI 2002/2013
Dates
Made30 July 2002
Laid before Parliament31 July 2002
Status: Current legislation
Text of statute as originally enacted
Revised text of statute as amended
Contract law
Formation
Defences
Interpretation
Dispute resolution
Rights of third parties
Breach of contract
Remedies
Quasi-contractual obligations
Duties of parties
Related areas of law
By jurisdiction
Other law areas
Notes

The Electronic Commerce (EC Directive) Regulations 2002, SI 2002/2013, incorporates the EU Electronic Commerce Directive 2000/31/EC into the law of the United Kingdom.[1] They apply to contracts concluded by electronic means over distance whereby the buyer is a consumer. This subordinate legislation provides for rights of the consumer and provisions for which the seller is obliged to fulfill.

Definition of a consumer

[edit]

A Consumer is a "natural person who is acting for the purposes other than those of his trade, business or profession."[2] The definition is slightly broader than that for the purposes of the Unfair Contract Terms Act 1977 as the subjective requirement of the person not regarding themselves as acting in the course of a business, therefore one may be a consumer if using a company account or using business details for tax purposes.

Obligations imposed upon the seller

[edit]

Before the contract is formed, the seller must state in a "clear comprehensible and unambiguous manner" the technical step involved to place an order (contractual offer).[3] Terms and conditions under which the contract is concluded must be made available to the consumer in a means capable of reproduction and storage.[4] This does not apply to email, although the Consumer Protection (Distance Selling) Regulations 2000 may apply.

These rights can be expressly exempted,[5] although these regulations applied to the exemption clause, as did the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.

Information that must be provided to the consumer.

  • Acknowledgement of the order by electronic means without undue delay,[6] and information of how to amend any input errors made.[7]

More information must be given under the Consumer Protection (Distance Selling) Regulations 2000.

Rights of the consumer

[edit]

Liability of breach of these conditions gives rise to an action for Breach of statutory duty.[8]

A court order may be given for access to terms and conditions of which the consumer has already consented.

Where the consumer has not been informed in the correct manner of the procedure to amend errors in orders and they have made errors, the contract can be rescinded.[9]

Contractual construction

[edit]

reg 12 provides that a contractual offer occurs when the order is sent. Richards[10] construes reg 11(2) as providing that the acknowledgement screen will constitute a contractual acceptance.

Instantaneous Communication here is in line with that discussed by Lord Denning in Entores Ltd v Miles Far East Corporation[11] and so communication is effect when received or when it can reasonably be deemed to have been received.

See also

[edit]
[edit]

References

[edit]
  1. ^ Enacted pursuant to European Communities Act 1972
  2. ^ reg 2(1).
  3. ^ reg 9(1)(a).
  4. ^ reg 9(3).
  5. ^ reg 9(1).
  6. ^ reg 11(1)(a).
  7. ^ reg 11(1)(b).
  8. ^ reg 13.
  9. ^ reg 15.
  10. ^ Richards, P, The Law of Contract, ed7 (2006, London: Pearsons) at 42
  11. ^ [1955] 2 QB 327.
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