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The Electronic Commerce Directive (Financial Services and Markets) (Amendment) Regulations 2002

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Explanatory Note

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These Regulations amend the Electronic Commerce Directive (Financial Services and Markets) Regulations 2002 (“the principal regulations”) to take account of the enactment of the Electronic Commerce (EC Directive) Regulations 2002 (“the general regulations”), made by the Secretary of State for Trade and Industry. The principal regulations give effect to the European Parliament and Council Directive of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) (No. 2000/31/EC; O.J. L178/1, 17 July 2000) (“the Directive”), in respect of matters within the scope of regulation by the Financial Services Authority (“FSA”) under the Financial Services and Markets Act 2000 (c. 8). The general regulations give effect to the Directive in other areas.

The purpose of the amendment is to ensure that the two sets of regulations do not overlap, by excluding the application of certain provisions of the general regulations in areas where the principal regulations, or, in some cases, rules made by the FSA, apply.

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