(This note is not part of the Regulations)
The Electronic Commerce (EC Directive) Regulations 2002 (S.I. 2002/2013) (“the E-Commerce Regulations”) transpose into national law Articles 3, 5, 6, 7(1), 10 to 14, 18(2) and 20 of Directive 2000/31/EC of the European Parliament and of the Council of 8th June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) (“the Directive”) (O.J. L178, 17. 7. 2000, p.1). However, regulation 3(2) of the E-Commerce Regulations provides that those Regulations do not apply in relation to any Act passed on or after the date on which they were made, or in exercise of a power to legislate after that date (30th July 2002). This means the E-Commerce Regulations lack prospective effect.
These Regulations ensure that the E-Commerce Regulations apply to the legislation that was amended by the Copyright and Related Rights Regulations 2003. The Copyright and Related Rights Regulations 2003 came into force immediately before the Copyright (Visually Impaired Persons) Act 2002 (Commencement) Order 2003 which came into force immediately before these Regulations. These Regulations also apply the E-Commerce Regulations to the Performances (Reciprocal Protection) (Convention Countries and Isle of Man) Order 2003 (SI 2003/773) and the Copyright (Application to Other Countries) (Amendment) Order 2003 (SI 2003/774).
The effect of these Regulations is that the Copyright, Designs and Patents Act 1988 (as amended) and the other enactments listed in the Schedule to these Regulations must be read in a way that is compatible with the requirements of the E-Commerce Regulations. Where a provision in those enactments is in conflict with any of the requirements of the E-Commerce Regulations, the latter will prevail.
A transposition note setting out how the main elements of the Directive are transposed into law has been placed in the libraries of both Houses of Parliament. Copies are also available from the International Communications Unit, Department of Trade and Industry, Bay 206, 151 Buckingham Palace Road, London SW1W 9SS.
