The following Commercial practice 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 describes the Electronic Commerce (EC Directive) Regulations 2002 (E-Commerce Regulations 2002), SI 2002/2013, which give effect in the UK to Directive 2000/31/EC, E-Commerce Directive. This Practice Note discusses the scope of the E-Commerce Regulations 2002 as they apply to businesses established in the UK, including key definitions, obligations and statutory defences.
The government has issued guidance on the E-Commerce Regulations 2002 in the form of a guide and an FAQ.
For information on how Regulation (EU) 2019/1150, the P2B Regulation applies to information society services, see Practice Note: The EU Platform-to-business (P2B) Regulation.
The aim of the E-Commerce Directive was to ensure the free movement of ‘information society services’ and to regulate information society service providers (ISSPs) across the EU. Regulation 3 of the E-Commerce Regulations 2002 sets out various exclusions to their scope, reflecting the exclusions contained in the E-Commerce Directive (see General exclusions below).
‘Information society services’ are defined in
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This Practice Note discusses Term Loan B (TLB) facilities which frequently appear as a tranche of senior facilities in syndicated loans in leveraged financings. TLBs are an established feature in the US market and increasingly used in the European lending market for institutional investors.This
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary of State for
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
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