Online regulation and effective regulatory engagement

Mar 22, 20130 likes360 views

The document discusses online regulation and effective regulatory engagement with the UK Office of Fair Trading (OFT). It provides an overview of the OFT's remit, priorities, and enforcement powers. Typical infringements involve issues like unfair terms in consumer contracts, misleading advertising practices, and failures to deliver goods or provide refunds. The document advises engaging early and strategically with OFT investigations to ensure the process is being followed properly. Proactive engagement can help determine if and how the OFT has a duty to act regarding certain issues. Questions from attendees are invited at the end.

Online Regulation and Effective Regulatory
Engagement

David Naylor
Robert Blamires

11 November 2010

Overview
1. OFT remit
2. OFT priorities
3. OFT enforcement powers
4. Typical infringements
5. Process
6. Effective engagement in investigations
7. Effective engagement as a proactive strategy
8. Conclusion/questions

1. OFT remit
��Making markets work well for consumers��
1. Encouraging compliance
through self-regulation
2. Enforcement action
3. Studying markets and
recommending action
4. Empowering consumers

2. OFT prioritisation principles

1. Impact
2. Strategic significance
3. Risks
4. Resources

2. OFT enforcement priorities

2. Bad guys
? Failure to deliver goods
? Taking multiple payments

3. Test cases/precedent
? Intermediary liability
? File sharing

3. OFT enforcement powers

? Enterprise Act 2002
? Community infringements
? domestic infringements
? Enforcement directly under other statutes
? express power to enforce
? assumed power to enforce where in furtherance of OFT��s
functions

4. Typical infringements
? Distance Selling Regulations:
? onerous/prescriptive procedures/formalities for returning goods
? charging for return of faulty goods
? failing to provide a refund within 30 days

? Unfair Terms in Consumer Contracts Regulations
? unfairly excluding/limiting liability
? indicative list of terms which may be regarded as unfair

4. Typical infringements
? Consumer Protection from Unfair Trading Regulations
? misleading actions/omissions
? aggressive practices
? banned practices
? bait advertising
? bait and switch
? advertorials
? presenting legal rights as part of the offer
? ��closing down�� promotions
? pyramid schemes

5. Process
? Identification
? Preliminary enquiries/investigation
? Information gathering
? information requests
? informal requests
? raids
? Consultation
? Undertakings
? Enforcement orders
? Publication

6. Effective engagement in investigations

? Early legal involvement
? Is process being followed?
? Valid exercise of powers?
? Technical breaches vs non-compliance 'strategies'

7. Effective engagement as a proactive strategy
? OFT notification
? OFT duty to act?
? Enterprise Act
? Consumer Protection from Unfair Trading Regulations and Business
Protection from Misleading Marketing Regulations
? ��duty to enforce��
? Unfair Terms in Consumer Contracts Regulations and Distance Selling
Regulations
? ��duty to consider any complaint��

? Strategic considerations

8. Questions?

David Naylor
+44 (0) 20 7861 4150
david.naylor@ffw.com
Robert Blamires
+44 (0) 20 7861 4136
robert.blamires@ffw.com

The Linux Foundation conducts meetings with industry competitors and intends to comply with antitrust and competition laws. Attendees are reminded to follow the meeting agenda and not engage in prohibited discussions or activities regarding prices, costs, production quotas, territories, or allocation of markets. Examples of prohibited actions are described in the Linux Foundation Antitrust Policy available online. Attendees are advised to consult their legal counsel or the Linux Foundation's legal counsel with any antitrust questions.

Clarke wilmot presentation to ukti clientsSuperfast Business

This document provides an introduction and primer on intellectual property rights for international trade. It discusses national IP rights, reasons for protecting IP, routes to international markets, legal considerations for exports, trade terms, payment mechanisms, and dispute resolution. It also presents 5 case studies on availability searches, registration strategies, partner due diligence, legal structures, and complying with local data protection laws.

IT Perspectives in Implementing Privacy FrameworkShankar Subramaniyan

This document discusses privacy frameworks and their implementation. It begins by distinguishing privacy from security, then outlines several common privacy principles like notice, choice, and consent. It also reviews some key privacy standards and regulations. The document then presents an approach for implementing privacy that involves conducting privacy impact assessments, defining business and technical controls, and establishing an implementation project structure. It identifies some common challenges to privacy implementation like evolving rules and technical limitations.

Election 2015: Start your thinking nowNCVO - National Council for Voluntary Organisations

Camming Con 2014 - Larry WaltersAnjali Sareen

This document discusses current legal issues facing cam models and operators. It identifies key issues like immigration compliance, payment processing, content controls, age verification, and structuring agreements between models, studios, and operators. It recommends that cam models register unique character names, maintain age verification databases, incorporate as businesses, avoid escorting, and encourage digital currency acceptance. For operators, it recommends carefully considering corporate structure, accepting digital currency, protecting intellectual property, regularly updating web documents, and implementing robust age verification policies.

Traditional non traditional ways to protect your intellectual propertyBoyle_Fredrickson

OpenChain Work Team Agenda 05-06-2019Shane Coughlan

The document provides an antitrust policy notice for Linux Foundation meetings. It states that Linux Foundation meetings involve competitors and the Foundation intends to conduct activities in accordance with antitrust laws. It advises attendees to adhere strictly to meeting agendas and not engage in any prohibited conduct under antitrust laws. Examples of prohibited actions are described in the Foundation's antitrust policy and attendees are advised to consult counsel if they have any questions.

Manicura caseroDiane Gonzales Allende

majalah detik_96Muhammad Noval

Peserta konvensi calon presiden dari Partai Demokrat mulai membentuk tim sukses dan menggalang relawan untuk meningkatkan popularitas dan elektabilitas mereka selama proses konvensi berlangsung. Beberapa kandidat mengandalkan jaringan pertemanan, media sosial, atau relawan di daerah untuk mendongkrak dukungan masyarakat. Langkah ini diambil karena pemenang ditentukan berdasarkan hasil survei popularitas selama delapan bulan

Tc sales directTC Sales Direct

Virtue and vice 7Mut Somoeun

This document discusses virtues and vices. It describes the cardinal virtues of temperance, courage, and fairness. Temperance involves self-control of pleasures. Courage involves self-control of fear and self-sacrifice. Fairness involves considering the interests of others. These virtues are interdependent and important for societies to flourish. The document also discusses Aristotle's concept of the golden mean between virtues and vices.

Herramientas de internet iicyh 2smendoza18

Este documento define e introduce varias herramientas comunes de Internet como la World Wide Web, buscadores, chat, blogs, foros, mensajer��a instant��nea, correo electr��nico y videoconferencia. Explica brevemente qu�� es cada herramienta y proporciona ejemplos. La World Wide Web permite navegar e intercambiar informaci��n de forma gr��fica a trav��s de Internet, mientras que los buscadores permiten buscar informaci��n sobre temas espec��ficos. El chat, blogs, foros y mensajer��a instant��nea facilitan la comunicaci��n y

Beauty & Health Ltd. - About companyMarina Rogkova

One of the biggest manufacturer and distributor in the parapharmaceuticals group in Ukraine. We use herbal components and extracts to produce dietary supplements, natural healthcare and organic cosmetic products that protect and promote the health and well-being. One of the biggest manufacturer and distributor in the parapharmaceuticals group in Ukraine. We use herbal components and extracts to produce dietary supplements, natural healthcare and organic cosmetic products that protect and promote the health and well-being. We supply production worldwide. Website: www.bnh.com.ua/en/ Account Manager: www.linkedin.com/in/marina-rogkova

BXP DM EST Meeting - JulyJazman Barizi

Revista Catalunya 94 -Febrer 2008 Revista Catalunya

Joubert_Dianna_ResumeDianna Joubert

This document is a resume for Dianna Joubert, who has over 24 years of experience in industrial construction engineering with a focus on piping systems. She has held several roles including project coordinator, piping field engineer, and piping foreman. Her experience includes managing projects, ensuring quality and safety, troubleshooting issues, and performing testing and system turnover. She is skilled at maintaining quality, generating requests for information and field change orders, and establishing client relationships.

House Hacking - ebookGary-James Knight

��3�� ʷ��tjpucompiler

SensMax-leaflet-people-counting-system-for-retail-trade-englishmohammed abdul moqueem

The document describes a people counting system from SensMax Company for retail stores. The system consists of wireless visitor counters that use infrared beams to count people passing through entrances and exits. The counters transfer counting data via radio signals to a data collector. The collector stores up to 250 days of hourly counting statistics and transfers the data via TCP/IP to a server application. The application provides analytical reports to help retailers optimize operations and marketing based on visitor traffic patterns.

Social Media GratitudeDrSonica Krishan

Session13 chap 9 ethics in negotiation enhanced 03 oct12ctucker5

This document outlines ethics considerations for negotiations. It discusses four approaches to ethical reasoning, examples of ethical conduct in negotiations, and rationalizations for unethical tactics. Key points include following laws, avoiding deception, treating all parties fairly, and considering consequences of actions. International negotiations require understanding applicable laws and conventions to avoid issues like bribery or price discrimination. Overall, negotiators should act truthfully, fairly, and beneficially to all parties concerned.

Module 11 - ASP Privacy Management Certfication.ppttrevor501353

Trade Secret Asset ManagementDonal O'Connell

PptGareth Badrian

The document summarizes the Protection of Personal Information Bill (PPI Bill) of 2009 in South Africa. It provides an overview of the bill's timeline and introduction to parliament. The bill aims to protect personal information and establish a regulatory agency to enforce compliance. It outlines 9 key principles for handling personal information, including obtaining consent and only using data for its intended purpose. The bill also discusses provisions around electronic communications, the responsibilities of the regulatory body, and codes of conduct for industries. It concludes by outlining the requirements companies will need to meet under the new law.

SPONSORED CONTENT - Palmetier Law - Unleashing Small Business Innovations: A ...JSchaus & Associates

Managing Risks - Competition & Investment, November 8, 2001Blake, Cassels & Graydon LLP

Top 10 tips in 30 mins 01 06 2014NewMexico Ptap

Creating A Due Diligence Framework Now Dentons

Putting The Consumer FirstVivastream

This document provides an overview of best practices for social marketing that puts consumers first. It discusses considering platforms and programs used, avoiding common myths, and addressing privacy concerns. Best practices include thinking carefully, creating standardized processes, providing disclosures and documentation, and monitoring programs. The current regulatory landscape for privacy is also examined, with the future expected to bring more comprehensive privacy laws in various jurisdictions. Enforcement of regulations is increasing, so marketers must develop a culture of compliance.

Putting the Consumer FirstVivastream

This document discusses best practices for social marketing and privacy compliance. It notes that business is moving to social media, so marketers need to protect brands through legal compliance. Common myths are dispelled, such as thinking rules don't apply to digital marketing or that agencies ensure compliance. The current fragmented state of privacy laws is described. Best practices emphasized are thinking first, creating processes, standardizing, disclosing information, documenting activities, and asking for help to avoid regulatory risks. The future may bring an umbrella privacy system in the US like in Canada and Europe. Enforcement is discussed along with notable regulatory actions and clarification from the FTC.

More Related Content

Viewers also liked (12)

majalah detik_96Muhammad Noval

Tc sales directTC Sales Direct

Virtue and vice 7Mut Somoeun

Herramientas de internet iicyh 2smendoza18

Beauty & Health Ltd. - About companyMarina Rogkova

BXP DM EST Meeting - JulyJazman Barizi

Revista Catalunya 94 -Febrer 2008 Revista Catalunya

Joubert_Dianna_ResumeDianna Joubert

House Hacking - ebookGary-James Knight

��3�� ʷ��tjpucompiler

SensMax-leaflet-people-counting-system-for-retail-trade-englishmohammed abdul moqueem

Social Media GratitudeDrSonica Krishan

majalah detik_96Muhammad Noval

Tc sales directTC Sales Direct

Virtue and vice 7Mut Somoeun

Herramientas de internet iicyh 2smendoza18

Beauty & Health Ltd. - About companyMarina Rogkova

BXP DM EST Meeting - JulyJazman Barizi

Revista Catalunya 94 -Febrer 2008 Revista Catalunya

Joubert_Dianna_ResumeDianna Joubert

House Hacking - ebookGary-James Knight

��3�� ʷ��tjpucompiler

SensMax-leaflet-people-counting-system-for-retail-trade-englishmohammed abdul moqueem

Social Media GratitudeDrSonica Krishan

Similar to Online regulation and effective regulatory engagement (20)

Session13 chap 9 ethics in negotiation enhanced 03 oct12ctucker5

Module 11 - ASP Privacy Management Certfication.ppttrevor501353

Trade Secret Asset ManagementDonal O'Connell

PptGareth Badrian

SPONSORED CONTENT - Palmetier Law - Unleashing Small Business Innovations: A ...JSchaus & Associates

Managing Risks - Competition & Investment, November 8, 2001Blake, Cassels & Graydon LLP

Top 10 tips in 30 mins 01 06 2014NewMexico Ptap

Creating A Due Diligence Framework Now Dentons

Putting The Consumer FirstVivastream

Putting the Consumer FirstVivastream

Building Awareness Of The Business Case Is It A Rule Problem Or Is It Somet...lisaabe

The document summarizes a presentation about procurement approaches in the public sector healthcare context. It discusses common challenges with procurement, such as poorly defined requirements and lack of legal representation. It also outlines recommendations for both public sector organizations and vendors, such as obtaining guidance before issuing tenders, defining clear criteria and outcomes, and including contractual remedies focused on performance. Vendors are advised to understand the healthcare business, take responsibility for privacy and security, and comply with all relevant legislation.

Week 3 procurement & supplier focusFassam Consulting

The document discusses procurement and supplier focus, which is the third building block of supply chain management. It covers the historical view of purchasing, definitions of procurement and what it entails. Procurement includes activities like purchasing materials, contracting services, and selecting suppliers. The document also discusses ethics in procurement and environmental considerations. Sourcing strategies like outsourcing, offshoring and insourcing are explained. Service level agreements and e-procurement methods such as e-catalogs and e-auctions are also summarized.

Privacy and Data Protection CLE Presentation for Touro Law CenterJonathan Ezor

Employment Basics for Small Businesses and Start UpsParsons Behle & Latimer

This document provides an overview and agenda for the 31st Annual Employment Law Seminar. It discusses common employment law issues small businesses and startups face such as wrongful termination, wage claims, and workplace safety. It outlines statutory protections for different classes and common law claims. Issues specific to startups like inventions, non-competes, and overtime are addressed. Best practices for hiring, firing, and protecting trade secrets are also covered.

Why MAP Polices Fail and What You Can Do So Your Policy Doesn't Whitney Gibson

Get real answers as to why your MAP policy is failing and how it can be fixed. Learn how to enforce against both authorized and stubborn grey market sellers. Minimum Advertised Price policies are effective for keeping authorized distributors from advertising unauthorized discounts. However, as e-commerce continues to grow, unauthorized sellers are going to be an increasingly important challenge for brands to address. These unauthorized online retailers are far less likely to follow a manufacturer��s price policy. A recent study published by the Kellogg School of Management found 53 percent of grey market sellers do not comply with MAP policies. Unless a brand owner has taken the proper preemptive legal steps, unauthorized sellers can be difficult to enforce against. Whitney Gibson, partner at Vorys and leader of the firm��s group focused on internet and brand reputation issues and Laura Erdman, an associate at Vorys, share strategies for creating an effective MAP policy that encourages authorized sellers to comply and gives brands legal claims to enforce against unauthorized sellers. As one of the leading law firms in the country on matters related to ecommerce brand and channel enforcement matters, Whitney and Laura are able to provide straight answers as why most MAP policy are failing today. Not only will that explain how to resolve common mistakes made by most brands, they will address how to identify and create legal claims against unauthorized sellers and how to navigate concerned distributors who may be upset with authorized reseller policies.

Finding Fraud and What To Do With It.pptnuredinabdella2

This document discusses finding and addressing fraud in transportation construction projects. It begins by stating that both public and private organizations involved in transportation construction can take steps to mitigate fraud risks. It then provides an overview of suggested steps for better deterring and detecting fraud, including responding appropriately if fraud is detected or suspected. Specific prevention and detection measures are outlined, such as management commitment, risk assessment, internal controls, education, and establishing a fraud response plan. Red flags for employee fraud are also listed. The document aims to help organizations address fraud to fulfill obligations, limit liability, and protect reputations.

The Art of War: Strategies for Managing Unsolicited Offers and Proxy Contests Now Dentons

The document summarizes strategies for responding to unsolicited offers and proxy contests. It recommends taking prompt action to retain advisers, research the opposition, and develop clear messaging. When responding to an offer, companies should say they will respond later, avoid premature evaluations, and carefully formulate a response while documenting all deliberations. Proxy contests are increasing, and dissidents have been effective at enacting board change with well-planned campaigns. Regular shareholder engagement and monitoring are important to avoid becoming a takeover target.

ING Presentation - BDI 7/26/11 Social Media Security & Compliance Workshop fo...Business Development Institute

Certified Banking TPM - Module 8 powerpoint presentationtrevor501353

Whistle blowingOfqual �ݺ�ߣshare

This document discusses whistleblowing and its importance. It provides definitions and notes that whistleblowing involves raising genuine concerns about wrongdoing in the workplace. While protections exist, whistleblowers often face negative consequences. The document then outlines the legal protections for whistleblowers under the Public Interest Disclosure Act and regulatory expectations for effective whistleblowing policies and procedures. It gives an overview of Ofqual's approach to handling whistleblowers and data on disclosures received. Challenges in addressing whistleblowing are also discussed.

Session13 chap 9 ethics in negotiation enhanced 03 oct12ctucker5

Module 11 - ASP Privacy Management Certfication.ppttrevor501353

Trade Secret Asset ManagementDonal O'Connell

PptGareth Badrian

SPONSORED CONTENT - Palmetier Law - Unleashing Small Business Innovations: A ...JSchaus & Associates

Managing Risks - Competition & Investment, November 8, 2001Blake, Cassels & Graydon LLP

Top 10 tips in 30 mins 01 06 2014NewMexico Ptap

Creating A Due Diligence Framework Now Dentons

Putting The Consumer FirstVivastream

Putting the Consumer FirstVivastream

Building Awareness Of The Business Case Is It A Rule Problem Or Is It Somet...lisaabe

Week 3 procurement & supplier focusFassam Consulting

Privacy and Data Protection CLE Presentation for Touro Law CenterJonathan Ezor

Employment Basics for Small Businesses and Start UpsParsons Behle & Latimer

Why MAP Polices Fail and What You Can Do So Your Policy Doesn't Whitney Gibson

Finding Fraud and What To Do With It.pptnuredinabdella2

The Art of War: Strategies for Managing Unsolicited Offers and Proxy Contests Now Dentons

ING Presentation - BDI 7/26/11 Social Media Security & Compliance Workshop fo...Business Development Institute

Certified Banking TPM - Module 8 powerpoint presentationtrevor501353

Whistle blowingOfqual �ݺ�ߣshare

More from Rob Blamires (12)

UsedSoft and Exhaustion of Distribution Rights in Software - Presentation to ...Rob Blamires

The document summarizes a 2013 European Court of Justice (ECJ) ruling in UsedSoft v Oracle. The ECJ ruled that downloading software and receiving a perpetual license in exchange for a fee constitutes a "first sale," exhausting the copyright owner's distribution right. As lawful acquirers, subsequent buyers from UsedSoft were entitled to download the software directly from Oracle. However, the original buyer must make their copy unusable, and contractual transfer prohibitions are ineffective once the distribution right is exhausted. The ruling contrasts with a US position that the first sale doctrine does not apply to digital goods. It may also apply to other digital content in Europe like music if purchased to "download and own."

EU Privacy for US Businesses - Presentation to Union Square VenturesRob Blamires

This document summarizes key information about European data privacy laws for US businesses. It provides an overview of data privacy concepts like personal data, data processing, and the rights of data subjects. It then addresses common questions US clients have, such as whether US privacy policies can be used in Europe and how personal data can be transferred outside the EU. Recent developments around cookie consent rules and enforcement actions are also discussed. The document concludes with some key takeaways around US business obligations to comply with EU data protection law.

EU Privacy for US Businesses - Presentation to Union Square VenturesRob Blamires

EU legal issues for US enterpriseRob Blamires

This document provides an overview of key European legal issues for US businesses. It discusses the complicated structure of European Union institutions and lawmaking. It also covers areas such as unfair contract terms, business to consumer contracting and consumer protection regulations, privacy and data protection laws, and the proposed new EU data protection framework. The document is intended to help US enterprises understand some of the legal complexities of doing business in Europe.

E commerce developments and use of social mediaRob Blamires

The document summarizes key issues around e-commerce, social media, and regulation. It discusses the revised EU Consumer Rights Directive, bans on debit/credit card surcharges, and plans for a Common European Sales Law. Regarding social media, it covers issues like content ownership, platforms' rights to user content and data, prohibitions against stealth advertising, and considerations for employee social media usage policies. Checklists are also provided around social media campaigns, contracting with platforms, and employee social media policies.

Virtual worldsRob Blamires

European legal issues for US enterpriseRob Blamires

This document summarizes a webinar on European legal issues for US businesses. It provides an overview of European Union law and institutions, including the 27 member states and objectives to promote economic and social progress. It also discusses entering the European market and legal compliance areas like contracting, consumer protection, privacy, and regulators. Contracting in Europe requires understanding unfair contract terms regulations and their different treatment of business-to-business and business-to-consumer agreements. Liability cannot be excluded or limited in certain ways without a test of reasonableness.

Internet RegulationRob Blamires

The document summarizes key aspects of internet regulation in the UK, focusing on the E-Commerce Regulations and Distance Selling Regulations. It discusses requirements for information that must be provided by online service providers to consumers. This includes general information, terms and conditions, order processes, commercial communications, and cancellation rights. It provides examples of how these regulations apply and consequences for non-compliance, such as enforcement actions and liability.

Consumer Protection - OFT v Purely Creative et alRob Blamires

The OFT brought proceedings against Purely Creative et al for alleged breaches of the Consumer Protection from Unfair Trading Regulations 2008 related to misleading promotions. The OFT claims the defendants' promotions involved unfair commercial practices, including creating a false impression of winning a prize and providing misleading information and omissions. If found liable, the OFT seeks an enforcement order against the defendants or undertakings to comply with the regulations in the future due to potential harm to consumers from the promotions.

Exploitation of digital media rightsRob Blamires

The document provides an overview of exploitation of digital media rights presented by Robert Blamires, a media lawyer at Field Fisher Waterhouse LLP. It discusses key issues around ownership and licensing of intellectual property rights in media content as it transitions to digital platforms. Specifically, it outlines the importance of carefully defining the scope of rights being licensed for new media given its characteristics of ubiquity, interactivity and evolving business models.

What does .brand mean for you?Rob Blamires

This document discusses potential commercial uses and arrangements for new generic top-level domains (gTLDs) such as .brand, .authorized, and .quality. It outlines how major brands could use a gTLD to organize online activities and protect against cybersquatting. It also examines how trade associations or collaborations could use a gTLD to endorse members or projects. The document notes legal and operational issues to consider, such as registry agreements, domain licensing, supplier relationships, and partner agreements.

Keeping Your House In Order Getting It Right When Selling OnlineRob Blamires

This document provides guidance on legal requirements for selling products online and using social media for promotion. It discusses the need to (1) comply with distance selling, e-commerce, and consumer protection laws regarding order processing and cancellation rights, (2) obtain necessary rights to content and ensure marketing is not misleading, and (3) understand data privacy laws and rights granted to social media platforms. Failure to follow these laws could result in enforcement action, loss of business, and damage to brand reputation.

UsedSoft and Exhaustion of Distribution Rights in Software - Presentation to ...Rob Blamires

EU Privacy for US Businesses - Presentation to Union Square VenturesRob Blamires

EU legal issues for US enterpriseRob Blamires

E commerce developments and use of social mediaRob Blamires

Virtual worldsRob Blamires

European legal issues for US enterpriseRob Blamires

Internet RegulationRob Blamires

Consumer Protection - OFT v Purely Creative et alRob Blamires

Exploitation of digital media rightsRob Blamires

What does .brand mean for you?Rob Blamires

Keeping Your House In Order Getting It Right When Selling OnlineRob Blamires

Online regulation and effective regulatory engagement

1. Online Regulation and Effective Regulatory Engagement David Naylor Robert Blamires 11 November 2010

2. Overview 1. OFT remit 2. OFT priorities 3. OFT enforcement powers 4. Typical infringements 5. Process 6. Effective engagement in investigations 7. Effective engagement as a proactive strategy 8. Conclusion/questions

3. 1. OFT remit ��Making markets work well for consumers�� 1. Encouraging compliance through self-regulation 2. Enforcement action 3. Studying markets and recommending action 4. Empowering consumers

4. 2. OFT prioritisation principles 1. Impact 2. Strategic significance 3. Risks 4. Resources

5. 2. OFT enforcement priorities Practical observations: 1. High profile traders ? Tesco ? Dell ? Sportsdirect.com ? Bulldog Broadband

6. 2. OFT enforcement priorities 2. Bad guys ? Failure to deliver goods ? Taking multiple payments 3. Test cases/precedent ? Intermediary liability ? File sharing

7. 3. OFT enforcement powers ? Enterprise Act 2002 ? Community infringements ? domestic infringements ? Enforcement directly under other statutes ? express power to enforce ? assumed power to enforce where in furtherance of OFT��s functions

8. 4. Typical infringements ? Distance Selling Regulations: ? onerous/prescriptive procedures/formalities for returning goods ? charging for return of faulty goods ? failing to provide a refund within 30 days ? Unfair Terms in Consumer Contracts Regulations ? unfairly excluding/limiting liability ? indicative list of terms which may be regarded as unfair

9. 4. Typical infringements ? Consumer Protection from Unfair Trading Regulations ? misleading actions/omissions ? aggressive practices ? banned practices ? bait advertising ? bait and switch ? advertorials ? presenting legal rights as part of the offer ? ��closing down�� promotions ? pyramid schemes

10. 5. Process ? Identification ? Preliminary enquiries/investigation ? Information gathering ? information requests ? informal requests ? raids ? Consultation ? Undertakings ? Enforcement orders ? Publication

11. 6. Effective engagement in investigations ? Early legal involvement ? Is process being followed? ? Valid exercise of powers? ? Technical breaches vs non-compliance 'strategies'

12. 7. Effective engagement as a proactive strategy ? OFT notification ? OFT duty to act? ? Enterprise Act ? Consumer Protection from Unfair Trading Regulations and Business Protection from Misleading Marketing Regulations ? ��duty to enforce�� ? Unfair Terms in Consumer Contracts Regulations and Distance Selling Regulations ? ��duty to consider any complaint�� ? Strategic considerations

13. 8. Questions? David Naylor +44 (0) 20 7861 4150 david.naylor@ffw.com Robert Blamires +44 (0) 20 7861 4136 robert.blamires@ffw.com

�ݺ�ߣ

Online regulation and effective regulatory engagement

Recommended

More Related Content

Viewers also liked (12)

Similar to Online regulation and effective regulatory engagement (20)

More from Rob Blamires (12)

Online regulation and effective regulatory engagement