UK Statutory Instrument 2002 United Kingdom

Electronic Commerce (EC Directive) Regulations 2002

What this means for your business

6 obligations
4 guides
Enforced by
IPO, OPSS
Applies to
United Kingdom
On this page
6 compliance obligations, 4 practical guides across 2 topics
Read full text on legislation.gov.uk

What you must do

6 compliance obligations under this legislation.

Management duties 3

Make commercial communications clearly identified and transparent

If you run a website or other online service that sends ads, offers or competitions, you must make sure each message is clearly marked as advertising, shows who it’s from, and explains any discount, gift or competition rules and how to qualify in a simple, unambiguous way. This lets customers instantly recognise a commercial message and understand any conditions attached.

Trader/Business s.7 IPO When you provide any commercial communication as part of an information society …

Make unsolicited commercial emails clearly identifiable as ads

If your business sends commercial emails that the recipient has not asked for, you must label them so the recipient can instantly see they are advertising. The identification has to be obvious as soon as the email is opened – for example, by using a clear subject line or header that states the message is a commercial communication.

Trader/Business s.8 IPO When you send an unsolicited commercial email (i.e., spam) to a recipient

Provide a way for customers to correct input errors

If you sell goods or services online, you must give customers a simple way to see and fix any mistakes they made when entering details before the contract is completed. Failing to do so lets the customer cancel the contract. So you need an error‑checking and correction feature on your checkout or ordering pages.

Trader/Business s.15 IPO When you enter into an online contract covered by the Electronic Commerce …

Other requirements 3

Comply with the EC Directive’s Reg 9(3) requirements

If you run an e‑commerce or online services business, you must meet the specific obligations set out in Regulation 9(3) of the EC Directive. If a customer asks for proof of compliance and you can’t provide it, they can take a court order demanding you comply. This is a civil enforcement mechanism – it doesn’t create a new licensing regime but it does mean your service provider contract must include the Reg 9(3) terms and you must be ready to show you’re meeting them.

Trader/Business s.14 IPO Whenever you operate a contract‑based electronic service

Provide online services in line with statutory duties

If you run an online business, you must follow the duties set out in regulations 6, 7, 8, 9(1) and 11(1)(a) of the Electronic Commerce Regulations 2002. These cover things like correctly identifying yourself to users and ensuring information you provide is accurate. If you fail, customers can sue you for damages, and you could be liable for loss.

Any Person s.13 IPO

Provide required business information on your website

If you run an online service, you must display key details about your business – name, address, contact email, company registration number, any professional registration, VAT number (if applicable) and the supervising authority for any licences. Prices shown must be clear about whether tax and delivery are included. This information must be easy to find, permanent and accessible to anyone using your service.

Trader/Business s.6 IPO

Practical guidance

Our guides explain how to comply with the requirements above.

Sections and provisions

23 classified provisions from this legislation.

Duties 6

  • s.6 General information to be provided by a person providing an information society service
  • s.7 Commercial communications conditions which
  • s.8 Unsolicited commercial communications A service provider
  • s.13 Liability of the service provider
  • s.14 Compliance with Regulation 9(3)
  • s.15 Right to rescind contract

Powers 1

  • s.5 Derogations from Regulation 4

Definitions 3

  • s.2 Interpretation commercial communication consumer coordinated field
  • s.3 Exclusions cartel law the UK GDPR
  • s.12 Meaning of the term “order”

Exemptions 7

  • s.4 Non-UK service providers – restriction on application of requirements
  • s.9 Information to be provided where contracts are concluded by electronic means
  • s.11 Placing of the order
  • s.17 Mere conduit
  • s.18 Caching
  • s.19 Hosting
  • s.20 Protection of rights

Legislative context

Made under