Business to consumer e-commerce—summary of issues to consider
Business to consumer e-commerce—summary of issues to consider

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

  • Business to consumer e-commerce—summary of issues to consider
  • Website e-commerce and its variants
  • Formation of online contracts
  • Variations to contract terms
  • Browse wrap and click wrap terms
  • Electronic records
  • Information disclosure requirements
  • Regulation of information society services
  • The CCR 2013
  • Applicable law and jurisdiction
  • 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 sets out some of the key legal issues to consider when designing and developing a business-to-consumer (B2C) e-commerce website for trading with consumers. ‘Consumer’ has different meanings under different legislation but usually refers to an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession (eg such as under the Consumer Rights Act 2015 (CRA 2015) and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134).

This Practice Note covers:

  1. an introduction to website e-commerce and its variants

  2. formation of online contracts

  3. contract variation

  4. browse wrap and click wrap terms

  5. electronic records

  6. information disclosure requirements

  7. regulation of information society services

  8. the CCR 2013

  9. applicable law and jurisdiction

  10. privacy, data protection and security

  11. intellectual property, brand protection and domain names

  12. user generated content

  13. direct marketing and advertising and promotions and price offers

  14. online content portability and geo-blocking

  15. accessibility

  16. mere conduit, caching and hosting