Blogs

Internet contracts and jurisdiction

Issues of jurisdiction are important to online traders, not least because of the transnational character of many internet contracts. Private international law (also known as conflict of laws) is the legal subject concerned with jurisdictional questions – i.e. questions of where court proceedings may be brought. Private international law is international inasmuch as it is concerned with cross-border legal disputes, but – because there are no real private international courts – it must be considered from particular national perspectives.

Distance Selling Regulations: disclosures

The Consumer Protection (Distance Selling) Regulations 2000 (the "Distance Selling Regulations") came into force on 31 October 2000. They implemented into English law the main provisions of Directive 97/7/EC of the European Parliament and the Council of 20 May 1997 on the protection of consumers in relation to distance contracts. This post focuses upon the information that must be disclosed by a website operator where the Distance Selling Regulations apply.

Websites, data protection and children

The first principle of data protection law is that personal data must be processed fairly and lawfully, and that one or more specified conditions must be met. Perhaps the most important of those conditions affecting the collection and use of personal data via websites is: "The data subject has given his consent to the processing" (Data Protection Act 1998, Schedule 2, paragraph 2). This raises the question of when a child can be taken to have consented to the processing of his or her personal data.

Digital publishing law: why comply?

The preponderance of the laws that regulate commercial conduct online are the same laws that regulate commercial conduct offline: contract law, the law of torts, commercial law, consumer law, intellectual property law, and so on. If you know a little (or a lot) about publishing law, you know a little (or a lot) about digital publishing law.

Website information and procedures: transactional requirements

In yesterday's post, I considered the basic legal information that most commercial websites are required by English law to disclose. Many of these basic disclosure requirements are contained in the Electronic Commerce Regulations (EC Directive) Regulations 2002 (the “Ecommerce Regulations”). The Ecommerce Regulations also contain a number of (widely ignored) provisions that apply where contracts are entered into online. This post considers those provisions.