Commercial Law and Practice LG01 D1

LEGAL PRACTICE COURSE
Commercial Law and Practice
Large Group 4: E-commerce and Data Protection

Topic(s):
 E-commerce
 Data Protection

Learning Outcomes:
By the end of this session you will be able to:
 Apply the rules of general contract law in conjunction with e-commerce laws to explain
how and when a contract is formed online
 Explain the impact of the Electronic Commerce (EC Directive) Regulations 2002 and
Consumer Contracts (Information, Cancellation and Charges) Regulations 2013 on online
transactions
 Explain the key rights and principles of data protection set out in the General Data
Protection Regulation
 Identify issues that need to be addressed when advising a client proposing to sell goods
online

Session Activities:
 As set out in the session outline

Materials Attached:
 Session outline, including exercises

Preparation for Session:
 Read the session outline.
 Read Chapter 26 (excluding paragraph 26.5) of the Commercial manual.
 Read “Some Basic Concepts” in the Introduction to Data Protection on the website of the
Information Commissioner’s Office at
https://ico.org.uk/for-organisations/guide-to-data-protection/introduction-to-data-
protection/some-basic-concepts/
You do not need to read the section dedicated to the Data Protection Act 2018.
 Read the following cases regarding formation of contracts online:
o University of Plymouth v European Language Centre Ltd [2009] EWCA Civ 784
o Thomas v BPE Solicitors [2010] EWHC 306 (Ch)
o Spectra International plc v Tiscali UK Ltd (formerly My World Online UK Ltd) (1)
and World Online Ltd (2) [2002] All ER (D) 209
 You will need to have a copy of the Consumer Contracts (Information, Cancellation and
Additional Charges) Regulations 2013 in front of you during the session. These are set
out in the Appendix to the Commercial manual. Therefore please bring your
Commercial manual (or an alternative copy of these regulations) with you to the
session.

Post-Session:
 Review your notes from the session to consolidate your learning.


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, LEGAL PRACTICE COURSE



Commercial Law and Practice
Large Group 4: Session Outline

1. Introduction

1.1 What is e-commerce and why is it an attractive way to conduct business?

E-commerce is trading carried on by electronic means

Many attractions for businesses including:
■ access to huge customer base→ much larger than retail shop

■ potential cost savings→ avoid expensive rent on retail premises

■ marketing and advertising opportunities→ from online sales

■ speed and ease of transactions



1.2 E-commerce and the law

 Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013)
 Electronic Communications Act 2000
 Electronic Signatures Regulations 2002
 Consumer Contracts (Information, Cancellation and Additional Charges) Regulations
2013
 General Data Protection Regulation

→In addition to these regulations, keep note of common law in relation to basic contract
formation, as still remain relevant when contracts are formed over the internet


1.3 Types of goods and services that may be subject to e-contracts

 Tangible supplies
- Books
- CDs
- Cars

 Intangible supplies – non-physical goods and services
- Insurance
- Music downloads

 Shareware & freeware

-Software downloads – e.g. Google docs

2. How are contracts formed on the Internet?

2.1 Generally – can contracts be formed online and what rules apply?
Yes, there is no reason why contractual rules should not apply

What are the essential elements of a contract?
- offer
- acceptance
- consideration
-intention to create legal relations




docs_537660364.docx 2/15 © City, University of London 2020