Business to business e-commerce—legal issues
Business to business e-commerce—legal issues

The following Commercial practice note provides comprehensive and up to date legal information covering:

  • Business to business e-commerce—legal issues
  • Contract formation
  • Key requirements for enforceable contracts in e-commerce
  • Offer and acceptance
  • Consideration
  • Intention to create legal relations
  • Sufficient certainty
  • Incorporation of e-commerce terms
  • Capacity and authority
  • Formalities in e-commerce, including electronic signatures
  • More...

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Brexit Bulletin—key updates, research tips and resources and Brexit toolkit.

This Practice Note provides guidance on key legal issues in business to business (B2B) e-commerce conducted using websites, mobile apps and/or emails, including:

  1. contract formation

  2. the enforceability of browse wrap and click wrap terms

  3. electronic records

  4. information disclosure requirements

  5. regulation of information society services

  6. cross-border e-commerce by UK businesses in the EU

  7. cross-border e-commerce by UK businesses outside of the EU

  8. data protection

  9. security

  10. brand protection

  11. the mere conduit, caching and hosting defences

  12. competition law

  13. taxation

  14. the notices and terms commonly employed on a B2B e-commerce website

  15. the notices and terms commonly employed in B2B emails

  16. general guidance on terms of sale/supply

  17. arrangements involving a mix of B2B and business to consumer (B2C) e-commerce

  18. establishing a B2B website—other legal and compliance issues to consider

For an introduction to B2B e-commerce, see Practice Note: Business to business e-commerce—introduction, which includes background on:

  1. website and mobile e-commerce

  2. email e-commerce

  3. online platforms

  4. e-commerce platforms

Where businesses use online platforms or mobile apps (m-commerce), generally the

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