Businesses Forced to Make Website and E Mail Changes

New rules have been introduced which are designed to boost consumer confidence in e commerce. Businesses with commercial websites may need to make changes as a result.

You should read this article if your business:

• advertises goods or services online, ie via the internet, interactive television or mobile phone
• sells goods or services to businesses or consumers online
• transmits or stores electronic content or provides access to a communication network.

The new rules cover the provision of information, electronic marketing and forming contracts. Failure to comply could mean the cancellation of orders, payment of damages for breach of contract or even a ‘stop now’ order forcing a business to change its procedures. We summarise the new requirements below.

Summary of new requirements

Businesses are required to:

• provide full name and contact details including postal and e mail addresses so that customers can get in touch easily
• provide their VAT number and details of any trade associations to which they belong
• give a clear indication of prices if relevant with details of any associated taxes and delivery charges
• clarify what steps are involved to conclude a contract and the point at which the purchaser is committed to it
• acknowledge receipt of an order electronically and promptly
• give customers the chance to check an order and correct any errors before committing to it
• ensure customers can store and reproduce any terms and conditions, for example by putting them in a format in which they can save them and then print them out
• tell customers how they can access any codes of conduct
• make sure that any marketing e mails promoting goods or services are clearly identifiable as a commercial communication
• make sure that unsolicited marketing e mails can be easily identified perhaps by marking them ‘unsolicited advertisement’
• clearly identify any discounts or promotions.

The DTI website (www.dti.gov.uk) has further detailed information on how to comply with the new regulations.