Electronic Commerce (EC Directive) Regulations 2002
| Jurisdiction | UK Non-devolved |
| Citation | SI 2002/2013 |
| Year | 2002 |
(1) These Regulations may be cited as the Electronic Commerce (EC Directive) Regulations 2002 and except for regulation 16 shall come into force on 21st August 2002.(2) Regulation 16 shall come into force on 23rd October 2002.(1) In these Regulations and in the Schedule—(2) In regulation 4 and 5, “requirement” means any legal requirement under the law of the United Kingdom, or any part of it, imposed by or under any enactment or otherwise.(3) Terms used in the Directive other than those in paragraph (1) above shall have the same meaning as in the Directive.(4) For the purposes of the definition of “established service provider” in paragraph (1) , Article 54 of the Treaty is to be read as if the United Kingdom were a member State.the field of taxation;questions relating to information society services covered by the F24UK GDPR and Directive 2002/58/EC of the European Parliament and of the Council of 12th July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) ;questions relating to agreements or practices governed by cartel law; andthe activities of a public notary or equivalent professions to the extent that they involve a direct and specific connection with the exercise of public authority,the representation of a client and defence of his interests before the courts, andbetting, gaming or lotteries which involve wagering a stake with monetary value.(2) These Regulations shall not apply in relation to any Act passed on or after the date these Regulations are made or in relation to the exercise of a power to legislate after that date.(3) In this regulation—(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(3) Subject to paragraphs (4) , (5) and (6) below, any requirement shall not be applied to the provision of an information society service by a service provider established in a member State (4) F32Paragraph (3) shall not apply to those fields in the annex to the Directive set out in the Schedule.(5) The reference to any requirements the application of which would restrict the freedom to provide information society services from F33a member State in paragraph (3) above does not include any requirement maintaining the level of protection for public health and consumer interests established by Community acts.(6) To the extent that anything in these Regulations creates any new criminal offence, it shall not be punishable with imprisonment for more than two years or punishable on summary conviction with imprisonment for more than three months or with a fine of more than level 5 on the standard scale (if not calculated on a daily basis) or with a fine of more than £100 a day (7) In paragraph (5) , “Community acts” means Community acts as existed immediately before exit day.public policy, in particular the prevention, investigation, detection and prosecution of criminal offences, including the protection of minors and the fight against any incitement to hatred on grounds of race, sex, religion or nationality, and violations of human dignity concerning individual persons;the protection of public health;public security, including the safeguarding of national security and defence, orthe protection of consumers, including investors,(2) Notwithstanding regulation 4(3) , in any case where an enforcement authority with responsibility in relation to the requirement in question is not party to the proceedings, a court may, on the application of any person or of its own motion, apply any requirement which would otherwise not apply by virtue of regulation 4(3) in respect of a given information society service, if the application of that enactment or requirement is necessary for and proportionate to any of the
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