JCampbell ppt

Slide1:  e-Commerce and Online Learning 2 June 2005 Presenter:  Presenter Jason Campbell JISC Legal www.jisclegal.ac.uk [email protected] 0141 548 4939 About JISC Legal:  About JISC Legal Role: to avoid legal issues becoming a barrier to the use of technology in tertiary education Information service We cannot take decisions for you when you are faced with a risk Introduction:  E-Commerce Regulations Distance Selling Regulations Privacy and Electronic Communications Regulations Action Points for Institutions Introduction E-Commerce Regulations:  E-Commerce Regulations Electronic Commerce (EC Directive) Regulations 2002 Information in E-Commerce:  Information in E-Commerce Websites must include information about information society service provider User must be made clear of the steps towards completion of the transaction NB - Incorporation of terms Distance Selling Regulations:  Distance Selling Regulations Consumer Protection (Distance Selling) Regulations 2000 Distance Selling Regulations:  Distance Selling Regulations Consumer Protection (Distance Selling) Regulations 2000 (S.I. 2000/2334) Into force 31 October 2000 Regulation 4 - Scope:  Regulation 4 - Scope Regulations apply to distance contracts Telephone, e-mail, fax, mail order, as well as e-commerce Regulation 6 - Exceptions:  Regulation 6 - Exceptions Partial Exceptions include - Accommodation, Transport, Catering or Leisure Services with specific date Packages under Package Travel Regs Regulation 7 - Prior Information:  Regulation 7 - Prior Information Info to be supplied before contract Identity Details of good or service Price Certain information about the consumer’s rights Regulation 8 - Information:  Regulation 8 - Information Information in durable medium Cancellation right Address / contact details After-sales service / guarantee info Regulation 10 - Cancellation:  Regulation 10 - Cancellation Cancellation Rights Notice to cancel Makes contract void No need to give reasons Runs from time of contract Regulation 10 - Cancellation:  Regulation 10 - Cancellation Cancellation - Goods End of period: 7 working days from day after delivery of goods Or 7 working days from supply of Regulation 8 information Or (at maximum) after three months and 7 working days Regulation 10 - Cancellation:  Regulation 10 - Cancellation Cancellation - Services End of period: 7 working days from day after contract Or 7 working days from supply of Regulation 8 information Or (at maximum) after three months and 7 working days Regulation 10 - Cancellation:  Regulation 10 - Cancellation Cancellation - Exceptions where service has already started (and notice of exception given) financial market price fluctuation personalised goods / perishables audio andamp; video, if unsealed newspapers, magazines gambling, betting and lotteries Regulation 14 - Reimbursement:  Regulation 14 - Reimbursement Rules regarding reimbursement of consumer after cancellation As soon as possible, not later than 30 days Regulation 17 - Return of Goods:  Regulation 17 - Return of Goods Provision for the return of goods under a cancelled contract Regulation 18 - deals with goods given in part-exchange Regulation 19 - Performance:  Regulation 19 - Performance Performance Must be within 30 days (unless otherwise agreed) Otherwise, contract void Other Provisions:  Other Provisions Reg. 21 - Fraudulent card use Reg. 24 - Inertia selling Reg. 25 - No contracting out Reg. 26 - Complaints Reg. 27 - Injunctions / Interdicts Reg. 28 - Undertakings Privacy and Electronic Communications Regulations:  Privacy and Electronic Communications Regulations Privacy and Electronic Communications Regulations 2003 Unsolicited Marketing by Email:  Unsolicited Marketing by Email Prior consent necessary Unless prior dealings and ‘opt-out’ opportunity given Email must contain sender’s identity and valid opt-out mechanism To be read in conjunction with…:  To be read in conjunction with… Data Protection Act 1998 you are going to have to get contact details from somewhere Electronic Commerce (EC Dir) Regs 2003 Identifying ‘commercial communications’ as such Action Points for Institutions:  Action Points for Institutions Review what goods and services (if any) are offered online Ensure any schemes comply with the e-commerce / distance selling / privacy and communications requirements Ensure that appropriate information is given prior to contract, and further information must be given in durable form. Action Points for Institutions:  Action Points for Institutions Ensure that appropriate mechanisms are in place to deal with cancellation of orders Make staff aware that setting up online purchasing or payment systems must only be done following consultation to ensure compliance Any Questions?:  ? Any Questions? Slide27: