The following Commercial guidance note provides comprehensive and up to date legal information covering:
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:
the enforceability of browse wrap and click wrap terms
information disclosure requirements
regulation of information society services
cross-border e-commerce by UK businesses in the EU
cross-border e-commerce by UK businesses outside of the EU
the mere conduit, caching and hosting defences
the notices and terms commonly employed on a B2B e-commerce website
the notices and terms commonly employed in B2B emails
general guidance on terms of sale/supply
arrangements involving a mix of B2B and business to consumer (B2C) e-commerce
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:
website and mobile e-commerce
Where businesses use online platforms or mobile
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