What are the requirements for firms that do business online

A firm that provides online services must provide certain information, which must be easily and directly and permanently accessible to recipients.

The minimum requirements include:

- the provider’s name;

- its geographic address – for example, its registered office;

- the firm’s contact details, including an e-mail address;

- statutory status disclosure (for example, ‘authorised and regulated by the Financial Services Authority’), with a statement explaining that the firm is on the FSA Register and citing its FSA number;

- the firm’s VAT number, if applicable.

Where price information is given it must be clear and unambiguous and state whether the price includes tax and delivery costs.

There are additional requirements for what may be termed ‘processing the order’. These do not apply to contracts concluded exclusively by exchange of e-mails.

Broadly, the customer must also be informed of:

- the technical steps to follow to conclude the contract;

- whether or not the contract will be filed and/or permanently accessible;

- the technical means for identifying and correcting input errors before placing orders;

- the languages offered for the conclusion of the contract;

- any relevant codes of conduct to which the firm subscribes and ways to access them;

- receipt of the order (promptly and by electronic means);

- the firm’s terms and conditions (in a way that allows them to be stored and easily reproduced).

E-businesses are also under an obligation not to target consumers by ‘stealth’. They must clearly identify marketing messages sent by e-mail or text message as commercial communications. The name of the person on whose behalf the message is being sent must be clear. Promotional offers or promotional games and competitions must be clearly identified, and their terms and conditions unambiguous and easily accessible.