This chapter examines how consumers are protected when they go online. It examines the extensive protections offered by the Consumer Rights Directive to distance agreements (including online agreements). The rules on jurisdiction, choice of law, and enforcement are examined alongside what rights the consumer has to receive information and to cancel contracts agreed at a distance. In addition, this chapter examines the suite of rights created by the Consumer Rights Act 2015 and, in particular, the new provisions therein which digital content (including software, apps, and in-game content among others). The chapter continues with a discussion of the regulation of unsolicited commercial communications or spam, including a discussion of the Directive on Privacy and Electronic Communications, GDPr, and the proposed ePrivacy Regulation. The chapter concludes with a discussion of the proposed online sales and Digital Content Directives.
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This chapter examines how consumers are protected when they go online. It examines the extensive protections offered by the Consumer Rights Directive to distance agreements (including online agreements). The rules on jurisdiction, choice of law, and enforcement are examined alongside what rights the consumer has to receive information and to cancel contracts agreed at a distance. In addition, this chapter examines the suite of rights created by the Consumer Rights Act 2015 and in particular the new provisions therein which digital content (including software, apps, and in-game content among others). The chapter continues with a discussion of the regulation of unsolicited commercial communications or spam including a discussion of the Directive on Privacy and Electronic Communications, GDPR, and the proposed ePrivacy Regulation. The chapter accounts for changes in the legal framework caused by Brexit.
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E-commerce is the retail phenomenon of the twenty first century and also – although it attracts less publicity - constitutes the medium within which many commercial transactions take place. This chapter will examine legislative initiatives in the United Kingdom and European Union that are designed to address some of the legal issues and problems that arise from on-line transactions. The main goal is to promote e-commerce both by means of conferring rights on consumers – as epitomised in the Distance Selling Directive that gives rights to inspect and return goods ordered on line- and give some businesses engaged in the sector a degree of immunity from some forms of legal liability. Key here is the notion of an “information society service” and provider as specified in the E-Commerce Directive. A further issue that arises in many e-commerce transactions is that consumers are able to contract with a supplier located in a different jurisdiction. Booking hotel accommodation is a frequently used example. Questions need to be resolved in this case which legal system and which courts will govern the transaction.
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This chapter is concerned with the prohibition of cartels. It begins with a discussion of the widespread consensus among competition authorities worldwide that cartels should be condemned, and gives examples of recent enforcement that led to the imposition of significant fines and sentences of imprisonment. It also looks at anti-cartel enforcement in the EU. The chapter then considers the application of Article 101 to particular types of cartels: price fixing, market sharing, production quotas and other ‘hard-core’ cartel practices. The final section of this chapter looks at anti-cartel enforcement in the UK.
