The Distance Selling Directive: points for future revision

K. Henderson, A. Poulter

Research output: Contribution to journalArticle

Abstract

The EU Distance Selling Directive that was implemented in UK law in the Consumer Protection (Distance Selling) Regulations 2000 has provided guidelines for the protection of consumers undertaking distance transactions. The following paper discusses the provisions of the Directive with particular reference to e-commerce via the Internet, highlighting some possible areas for further consideration. Articles within the Distance Selling Directive are examined for problems of legal interpretation and implementation. There is discussion of: Article 2 (Definitions) and difficulties with its fundamental concepts of 'supplier' and 'consumer'; unnecessary exemptions in Article 3 (Exemptions); the 'local taxes' headache (and others) in Article 4 (Prior Information) and using e-mail under Article 5 (Written Confirmation of Contract). Under Article 6 (Right of Withdrawal), the 'cooling off period', exempted goods and services, refunds and reclaiming goods, and for Article 7 (Performance) substitute goods and contract law implications, are investigated. Finally Article 8 (Payment by Card) looks at protection against fraudulent card use.
Original languageEnglish
Pages (from-to)289-300
Number of pages11
JournalInternational Review of Law, Computers and Technology
Volume16
Issue number3
DOIs
Publication statusPublished - 2002

Keywords

  • EU distance selling directive
  • e-commerce
  • internet

Fingerprint Dive into the research topics of 'The Distance Selling Directive: points for future revision'. Together they form a unique fingerprint.

  • Cite this