UK legislation.

Three new pieces of legislation which may affect any business using the internet, introduced in the UK in 2003, and which should also affect all other EU countries, are listed below. Some notes on the main areas are included, but please read through the legislation, and if necessary, seek further advice, either from the DTI, or an independent expert.

The Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 200 No. 2426)

Two main areas this Directive will impact are e-mail and the use of cookies.

• E-mail - unsolicited e-mail is effectively now unlawful. E-mail may only be sent with the prior consent of the recipient, unless there is an existing relationship between the sender and the recipient.
• Cookies - if your website uses cookies, your use of them must be clearly explained, along with an opportunity to reject the cookies.

Read the Regulations for full information.

For the full Directive, visit the DTI site at: http://www.dti.gov.uk/industries/ecommunications/directive_on_privacy_electronic_communications_200258ec.html.

The final text of the Regulations is available on the HMSO Website at: http://www.hmso.gov.uk/si/si2003/20032426.htm

The Electronic Commerce (EC Directive) Regulations 2002 (SI 2002 No. 2013)

These Regulations largely cover identification of an online presence. Information which must be provided includes, but is not limited to,

• The name of the provider
• The addresses at which business is carried out (not necessarily the same as the Registered Office)
• E-mail address
• Registration or identification details of any professional bodies
• If a member of a regulated profession, a list of the applicable rules, or a link to them
• VAT Registration Number

This list is far from exhaustive, and you must check the Regulations to ensure you are providing the relevant information required by law.

The DTI's list of FAQs is available at http://www.dti.gov.uk/industries/ecommunications/electronic_commerce_FAQs_ec.html

The official text of the Regulations is available on the HMSO website at: http://www.hmso.gov.uk/si/si2002/20022013.htm

The Consumer Protection (Distance Selling) Regulations 2000 (SI 2000 No. 2334)

These Regulations give consumers a number of rights when goods are ordered by telephone, e-mail or via a web site.

It gives a right to cancel of different amounts of time, depending on whether you have followed the Regulations or not. The only exceptions being goods that are personalised for the consumer. Having spoken to my local OFT office, there is currently no case law regarding this, and what constitutes something that has been personalised. From a retailer's point of view, an expensive item that is never kept in stock, in an unusual finish, may seem to be personalised, but may not be considered so legally. If it is an option offered by a manufacturer, it may well be considered a normal item covered by the Regulations. Beware! Read the Regulations and seek advice, if necessary.

The DTI page covering the Regulations is available at: http://www.dti.gov.uk/ccp/topics1/guide/distsell.htm, and includes a guide for business.

The official text of the Regulations is available on the HMSO website at: http://www.hmso.gov.uk/si/si2000/20002334.htm.