English law requires that most business websites supply certain information,
The basic information requirements are set out in:
The application of each piece of legislation, and the detailed information that will be required where the legislation applies, is considered below.
Ecommerce Regulations: application
The Ecommerce Regulations basic disclosure requirements apply to “…a person providing an information society service…” (Regulation 6). “Information society service” means “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service” (Recital 17 of the Ecommerce Directive). This requirement should be broadly construed. For example, although a simple “brochure” website might not be an information society service, a website that earns money through advertising almost certainly will constitute an information society service, even if it is completely free to users.
The Ecommerce Regulations only apply to service providers established in the UK. However, service providers established elsewhere in the EU will have to comply with equivalent requirements under the national law of the state in which they are established. “Established service provider” is defined in the Ecommerce Directive as follows: “a service provider who effectively pursues an economic activity using a fixed establishment for an indefinite period. The presence and use of the technical means and technologies required to provide the service do not, in themselves, constitute an establishment of the provider;” So, the location of the servers hosting a website do not determine the place of establishment. Where there are multiple “fixed establishments” in relation to a given service, then Recital 19 of the Directive provides guidance: “… in cases where a provider has several places of establishment it is important to determine from which place of establishment the service concerned is provided; in cases where it is difficult to determine from which of several places of establishment a given service is provided, this is the place where the provider has the centre of his activities relating to this particular service.”
Ecommerce Regulations: requirements
A person providing an information society service must make available to the recipients of the service (and any relevant enforcement authority) in a form and manner which is easily, directly and permanently accessible, the following information:
In addition, where a person providing an information society service refers to prices, these must be indicated clearly and unambiguously and, in particular, must indicate whether they are inclusive of tax and delivery costs.
Companies Act 2006 and Business Names Act 1985
Sole traders and partnerships who carry on a business in the UK under a business name (very roughly, not the names of the trader/partners) must also make certain website disclosures: