Electronic Commerce Regulations 2002

It has been suggested that this article be merged into Electronic Commerce Directive 2000. (Discuss) Proposed since April 2025.

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United Kingdom legislation

Electronic Commerce (EC Directive) Regulations 2002Statutory Instrument

Parliament of the United Kingdom

Citation| SI 2002/2013
Dates
Made| 30 July 2002
Laid before Parliament| 31 July 2002

Status: Current legislation

Text of statute as originally enacted
Revised text of statute as amended
Contract law

Formation

* Capacity
* Offer and acceptance
* Meeting of the minds2
* Abstraction principle4,5
* Posting rule1
* Mirror image rule
* Invitation to treat
* Firm offer
* Consideration1,4
* Implication-in-fact
* Collateral contract

Defences

* Misrepresentation
* Mistake
* Threats and unequal bargaining power
* Illegality and public policy
* Unconscionability
* Culpa in contrahendo2
* Force majeure
* Frustration of purpose
* Impossibility
* Impracticability
* Hardship
* Set-off
* Illusory promise1
* Statute of frauds1
* Non est factum1
* Unclean hands1
* Accord and satisfaction1
* Exculpatory clause

Interpretation

* Parol evidence3
* Contract of adhesion
* Integration clause
* Contra proferentem
* UNIDROIT Principles

Dispute resolution

* Choice of law clause
* Forum selection clause
* Hague Choice of Court Convention
* Arbitration
* New York Convention
* UNCITRAL Model Law
* Mediation
* Singapore Mediation Convention
* Enforcement of foreign judgments
* Hague Judgments Convention

Rights of third parties

* Privity of contract1
* Assignment
* Delegation
* Novation
* Third-party beneficiary

Breach of contract

* Anticipatory repudiation
* Cover
* Exclusion clause
* Efficient breach
* Deviation
* Fundamental breach

Remedies

* Specific performance3
* Money damages
* Liquidated, stipulated, or penal damages3
* Rescission

Quasi-contractual obligations

* Promissory estoppel1
* Quantum meruit1
* Unjust enrichment
* Restitution
* Negotiorum gestio2

Duties of parties

* Duty of honest contractual performance (or doctrine of abuse of rights)6
* Duty of good faith (also implied covenant of good faith and fair dealing or duty to negotiate in good faith)7
* Contract A and Contract B in Canadian contract law6

Related areas of law

* Conflict of laws
* Commercial law

By jurisdiction

* Australia
* Canada
* China (mainland)
* India
* Saudi Arabia
* United Kingdom
* England and Wales
* Scotland
* United States

Other law areas

* Tort law
* Property law
* Wills, trusts, and estates
* Criminal law
* Evidence

Notes

* 1 Specific to common law jurisdictions
* 2 Specific to civil and mixed law jurisdictions
* 3 Historically restricted in common law jurisdictions but generally accepted elsewhere; availability varies between contemporary common law jurisdictions
* 4 Specific to the German Bürgerliches Gesetzbuch and other civil codes based on the pandectist tradition
* 5 Explicitly rejected by the UNIDROIT Principles of International Commercial Contracts
* 6 Specific to Canadian contract law both in Québec and in the country's common law provinces
* 7 Specific to civil law jurisdictions, the American Uniform Commercial Code, and Canadian jurisprudence in both Québec and the common law provinces pertaining to contractual and pre-contractual negotiation

* v
* t
* e

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

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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

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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

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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

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* Electronic Signature Regulations 2002
* Consumer Protection (Distance Selling) Regulations 2000
* Sale of Goods Act 1979
* Unfair Contract Terms Act 1977
* Electronic Commerce Directive
* Digital Markets, Competition and Consumers Bill

## External links

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* OPSI: SI 2002/2013

## References

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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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