The Electronic Commerce Directive (Financial Services and Markets) (Amendment) Regulations 2004

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

2.—(1) Regulation 3 (consumer contract requirements: modification of rule-making power) of the Electronic Commerce Directive (Financial Services and Markets) Regulations 2002(1) is amended as follows.

(2) After paragraph (4), insert—

“(4A) Notwithstanding paragraph (4)(a), rules made by the Authority under section 138 of the 2000 Act which impose consumer contract requirements do not apply to an incoming provider with respect to the carrying on by him of an incoming electronic commerce activity which consists of the provision of an information society service from an establishment in an EEA State other than the United Kingdom, if the provisions by which that State has transposed the Financial Services Distance Marketing Directive, or the obligations in the domestic law of that State corresponding to those provided for in that Directive, as the case may be, apply to that activity.”.

(3) After paragraph (6), insert—

“(6A) “The Financial Services Distance Marketing Directive” means Directive 2002/65/EC of the European Parliament and the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC(2).”.

(1)

S.I. 2002/1775, as amended by S.I. 2002/2015.

(2)

O.J. L 271, 9.10.2002, p.16; the Directive applies to EEA States which are not Member States of the European Community by virtue of Decision No. 47/2003 of the EEA Joint Committee dated 16th May 2003 (O.J. L193, 31.7.2003, page 18).