E-Commerce and the Law in the UK
The E-Commerce Distance Selling Regulations cover business to consumer (b2c) transactions made at a distance. Business to business (b2b) contacts are not covered by Distance Selling Regulations.
A distance contract is one in which there are no face to face contact between the consumer and the business or a representative of the business. Distance Selling Regulations (DSRs) cover transactions that happen electronically or via mail order in which the consumer does not have the opportunity to personally inspect goods or discuss services in person. DSRs ensure consumer protection and are required throughout the European Union (EU).
DSR compliance is an internet law requirement with provisions for enforcement action in the courts against businesses that do not comply with them. If your business does not usually conduct distance transactions with consumers but does agree to a one-time transaction, the regulations likely do not apply to you. If, however, your business is structured around conducting several distances transactions or has developed the means to facilitate distance transactions, the regulations do apply to you.
Each member state of the European Union has its own DSR regulations and might apply them differently than others. If you are operating an online business outside of the European Union, you should seek legal advice to ensure your business and website comply with EU e-commerce law requirements.
DSRs apply to many facets of Internet business including (but certainly not limited to), contract details, clarity of pricing or charges, delivery terms and cancellation and return policies.
Key features of the e-commerce Law regulations are:
- you must give consumers clear information including details of the goods or services offered, delivery arrangements and payment, the supplier's details and the consumer's cancellation right before they buy (known as prior information)
- you must also provide this information in writing
- the consumer has a cooling-off period of seven working days
Stay Legal are your UK Internet law solicitors who can ensure your e-compliance with our Stay-Legal Seal. As UK experts in Internet law and e-commerce compliance, Stay Legal will keep your business on the right side of the law.
