Electronic Commerce Regulations 2002/2013

The E-Commerce Regulations implement the E-Commerce Directive into the UK law, with the three liability “safe harbours” being transplanted through regs. 17, 18 and 19 of the Regulations in an almost mirrored manner. A potentially noteworthy difference in the language of those sections is that while the Directive uses the expression “should not be liable” (in relation to intermediaries), the Regulations expand this phrase into protection from liability “for damages or for any other pecuniary remedy or for any criminal sanction”, so that various forms of injunctive relief are excluded from the implemented provision.