E-Terms, a leading provider of custom-made Terms and Conditions, provides advice on what you need to include.
If you’re about to start a new online business then it’s important that you understand and comply with the regulations that apply to operating online. This article is designed for individuals or companies with customers in the EU or UK. All UK based companies need to consider the following regulations :
- The Electronic Commerce (EC Directive) Regulations 2002
- The Privacy and Electronic Communications (EC Directive) Regulations 2003.
- Distance Selling Regulations
- Provision of Services Regulations
E-Commerce Definition: E-Commerce refers to the buying and selling of goods and services via the internet. The seller and the customer are not face to face and the transaction is conducted remotely.
There are 3 sets of EU/UK regulations that apply to most e-commerce websites operating in the EU:
1.) The Electronic Commerce Regulations came into force in August 2002. These apply to any business that:sell goods or services to businesses on the internet or by email,
2.) Distance Selling Regulations 2000. If you operate a business-to-consumer website, you will need to comply with these regulations. They are designed to protect customers who are not physically present with the seller at the time of a purchase.
3.) Privacy and Electronic Communications Regulations, Dec 2003. These regulations cover, amongst other things, email marketing and implementation of cookies on a website.
Depending on your business, there may be other regional laws or regulations that you need to comply with. For example, those promoting financial services in the UK will need to operate within the rules of the FSA. If your website sells medicine, alcohol, or other restricted products then there are further rules you should consider. We recommend you seek the advice of a lawyer.
Different regulations apply to you depending on what your website is selling (goods or services) and who you are selling to (consumers or businesses).
The best way to comply with EU law is to ensure your website has a good set of terms and conditions, and privacy policy statements tailored for your business.
You can either pay a solicitor or lawyer hundreds of dollars / euro’s / pounds to create these legal documents, or you can use the services of www.e-terms.co.uk to create custom made terms and conditions .
The two biggest issues affecting e-commerce websites is ensuring compliance with anti-spam directives and distance selling regulations. The company www.e-terms.co.uk provides a free e-book guide to these and many more regulations.