If you are conducting your business online, then you should be aware several regulations to abide by. The English law that governs the conduct of online business is set out in several different statutory instruments. Some are specific to online trade whilst others apply to all business activity. This area of law has been increasingly synchronised with the European Union (EU). However, with the United Kingdoms’ (UK) exit from the EU it is possible for there to be greater disparities between the two sets of laws in the future.
The following regulations are significant for those businesses operating online.
The Electronic Commerce (EC Directive) Regulations 2002 enforce a variety of obligations on the operators of commercial websites. This includes the obligation to provide its users with certain information about the operator and its services.
The Privacy and Electronic Communications (EC Directive) Regulations 2003 regulates direct marketing, both solicitated and unsolicited by the way of electronic communication. You should be aware that a new European ePrivacy Regulation has been proposed but the timescale for approval and implementation is unclear.
The Consumer Protection from Unfair Trading Regulations 2008 has prohibited several unfair practices by traders. This includes misleading actions or omissions, along with the use of aggressive commercial practices and a list of prohibited commercial practices.
The Provision of Services Regulations 2009 states that in the provision of services, traders must not discriminate between European Economic Area (EEA) residents on the groups of nationality or place of residence unless justified by objective criteria. Such as, the provision of a service across a border involves additional costs.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 has placed additional obligations on website operators who deal with consumers. It also introduced cancellation rights for the consumer.
The Consumer Rights Act 2015 has merged a series of previous UK consumer rights legislation and updated certain areas. This includes the statutory implied terms in consumer contracts and the remedies available to the consumer for breach of those terms.
The General Data Protection Regulations (GDPR) and the Data Protection Act 2018 contain requirements around the use of personal data. This includes data concerning website users.
As you can see there is plenty of law that governs the way you conduct your business online. At Lawdit Stay Legal we offer several packages at different price points to ensure your business is compliant with the law.