Critically assess the significance of the EU as a source of regulation of Communication Technology in the UK with reference to the range and type of regulations and directives

Thèmes abordés

European union source regulation communication technology law directives

Résumé du document

Information Technology Law "is a set of recent legal enactments, currently in existence in several countries, which governs the process and dissemination of information digitally. These legal enactments cover a broad gambit of different aspects relating to computer software, protection of computer software, access and control of digital information, privacy, security, internet access and usage, and electronic commerce. These laws have been described as "paper laws" for "paperless environment"" . There was and there still is an important legislative work concerning the IT law within the Europe to protect the consumer from abuses and new legal issues and to shoal the lack of an adequate legislation. Indeed, such area like the e-commerce is developping thanks to the evolution of the new networks and requires a specific regulation.
When Directives and Regulations are adopted, Member States have to implement and enforce them but it depends if the state is monist or dualist. In the case of the UK it is a dualist state so, to be implemented the secondary legislation requires an Act of Parliament. There is an important influence of EU on UK in relation to data protection, IP and e-commerce.

Extraits

[...] The Directive 99/44 on the Sale of Consumer Goods and Associated Guarantees was implemented in the UK with the Sale and Supply of Goods to Consumers Regulations 2002 which extends the Sale of Goods Act 1979. The objective of the Directive is the harmonisation of the consumer protection in the case of defective goods. It applies for the e-commerce and concerns also internet law. The contract is defined as contract concerning goods or services concluded between a supplier and a consumer under an organized distance sales or service-provision scheme run by the supplier, who, for the purpose of the contract, makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded”. [...]

[...] It was implemented in UK with the Electronic Commerce Regulations 2002. The Directive deals with the formation of the contract, which requires an unconditional offer and acceptance until an agreement is found between the parties (indeed it is possible to have counter offer). In the case of e-commerce, the selling system is contrary because it is the customer who will make an invitation to treat with the seller with an offer to purchase. The contact will be concluded with the customer's payment if the seller accepts. [...]

[...] Communication Technology Law Topic: Critically assess the significance of the EU as a source of regulation of Communication Technology in the UK with reference to the range and type of regulations and directives. Information Technology Law a set of recent legal enactments, currently in existence in several countries, which governs the process and dissemination of information digitally. These legal enactments cover a broad gambit of different aspects relating to computer software, protection of computer software, access and control of digital information, privacy, security, internet access and usage, and electronic commerce. [...]

[...] The Communications Act 2003 permits also the implementation of the Directive 2002. There are also the Freedom of Information Act 2000 and the Regulation of Investigatory Powers Act 2000 (with regulations to e-mail monitoring and prohibits in UK the interception of any communication in the course of its transmission, it is recognised as a criminal offence). The notion of privacy is fundamental in the data protection. The European Convention on Human Rights, implemented by the Human Rights Act 1998, protects the “right to be let alone” (Article but (Article 10) the free speech and the right to acquire information must be taken into account. [...]

[...] Concerning the selling, a solicited contract, many criterions must be taken into account; it must be “clear and unambiguous” (in reference to the product or service and the price) which refers to the principles of “good faith” in respect of the consumer's privacy. It includes also the supplier's identity with all details about the trade (full name, address, identification . The consumer benefits from a “cooling period of seven working days after the conclusion of the contract. The available languages for the contract must be precise, as well as every technical step to conclude the contract and the possibility to correct input errors before entering into an agreement. [...]