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 论文编号：
org200806160913297621 |
| 论文属性：
assignment guidelines |
| 论文语言：English |
| 论文国家：U.K. |
| 登出日期： 2008-06-16 |
| 字数： 2244 |
| 源程序：
无 |
| 价格：
免费论文 |
| 参考相关附件： |
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| 论文大纲，目录 |
| 关键词搜索：E-contracts contract law |
ment finally gave effect to the E-Commerce Directive, by virtue of the E-commerce Regulations 2002.
Businesses which fail to abide by the terms of the Regulations will face various legal actions, namely;
Simple cancellation of the order
Damages actions by customers
Stop Now Orders
Stop Now orders can be granted by the courts on application by the Office of Fair Trading or Trading Standards. Stop Now orders are actionable against breaches of Regulations 6,7,8,9 and 11.
When do the Regulations Apply?
The Regulations apply to online service providers based in the UK and regardless of whether the service is provided in the UK or in another EEA State (EEA is the European Economic Area and comprises the 25 EU member States plus Lichtenstein, Norway and Iceland). Inbound services provided by a service provider in another EEA State are generally governed by the law of that State and the UK is precluded from restricting that service. However, the UK may take to restrict services on the grounds of public policy, public health, public security and the protection of consumers. Note that any such restriction must be proportionate to its aim.
The Regulations apply to online service providers who;
Advertise goods and services online
Sell goods/services online
Transmit or store e-content or provide communication access
The Regulations do not apply to;
<英语论文网 【http://www.51lunwen.org】BR>Non-commercial online activities
The goods themselves
The delivery of goods/services not online
The information requirements differ according to the type of service provided
What is an Information Society Service?
An ISS is defined as a service provided for remuneration, at a distance, by means of electronic equipment (storage or processing) and at the individual request of the service recipient
The main Regulations
Regulation 6 - Information given by the ISS provider must be easily, directly and permanently accessible
Information to be provided
Name, geographic and e-mail address (contact details)
Other requirements if the service is provided by a regulated professional
Prices (if given) must be clear and indicate whether tax and/or delivery is included
Regulation 7 - Commercial Communications
Communication needs to be clearly identifiable as a commercial communication and the communication clearly identifies the person or on whose behalf the message has been sent. However, note that these provisions have been largely superseded by the provisions of Directive 2002/58, the E-privacy Directive.
Article 9 of the E-Commerce Directive states that e-contracts should be as valid as paper contracts. The UK states that the E-Communications Act 2000 gives effect to Article 9 of the e-Commerce Directive. This is rather surprising since the rest of the
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