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Tech & Sourcing @ Morgan Lewis

TECHNOLOGY, OUTSOURCING, AND COMMERCIAL TRANSACTIONS
NEWS FOR LAWYERS AND SOURCING PROFESSIONALS

Traders selling goods, services, and/or digital content online to consumers in the United Kingdom and the European Union need to comply with laws requiring the provision of certain information as part of the sales process.

In this blog we set out a reminder of the significant amount of information traders need to provide to consumers when selling online to the United Kingdom and the European Union.

General Information Requirements

The following information must be made available to consumers:

  • Registered name and address of the trader
  • The trader’s company registration and VAT number (if applicable)
  • Details of how to contact the trader (and any costs associated with such contact, unless at a standard rate)
  • The main characteristics of the goods, services, or digital content (including functionality and compatibility (if applicable))
  • The total price or how it will be calculated
  • What means of payment the trader accepts
  • A clear statement that ordering implies an obligation to pay
  • Details of any promotional offers (if applicable)
  • Details of any consumer deposits and financial guarantees that are required (if applicable)
  • Delivery costs, times, and any restrictions
  • An acknowledgment of the order
  • The duration of the contract and any conditions for terminating (if applicable)
  • An acknowledgement that where immediate provision of services/digital content has been requested, cancellation rights will be lost once services are performed or digital content accessed
  • Information about the right to cancel (including the Consumer Contract Regulations’ model cancellation form)
  • Details of any guarantees offered by the trader or the manufacturer (if applicable)
  • The consumer’s obligation to pay for the return of any goods (if applicable)
  • A reminder of the trader’s legal duty regarding the quality of the goods it sells
  • If the contract is concluded by electronic means the following information must be provided:
    • The steps that the consumer will need to follow to conclude the contract
    • If the concluded contract will be filed by the trader and whether it will be accessible
    • How errors are identified and corrected prior to orders being placed
    • The languages offered for the conclusion of the contract
  • If the trader is regulated, details about the trader’s regulator and professional rules
  • The right for the consumer to make a complaint and the means for doing so, including information regarding the European Commission’s Online Dispute Resolution platform and the possibility of using it to resolve disputes

Modern Slavery Statement

Traders selling in the United Kingdom that have a global turnover of more than £36 million must include a Modern Slavery Statement on their website setting out details of the actions taken to prevent slavery in their supply chain or that the trader has taken no such action.

Data Protection

Traders selling in the United Kingdom or the European Union will need to provide a privacy notice to any person whose personal data is collected. The notice must set out, among other things:

  • How the personal data will be processed
  • The purpose of processing the personal data
  • The categories of personal data that are processed
  • For how long the personal data will be stored
  • The legal basis for processing the personal data
  • If the personal data will be passed to any third parties or transferred out of the EEA
  • The rights of data subjects

Please note that information we have set out above is not exhaustive and professional advice should be sought in respect of legal compliance when selling online in the United Kingdom and the European Union.