The Distance Selling Regulations - commercial friend or foe

In this article David Rowe-Francis offers fraud specialists and retailers an overview of the Consumer Protection (Distance Selling) Regulations. He prompts the reader to consider the possible legal and/or fiscal consequences of using the Internet or other remote media to conduct business with consumers. He concludes with an example of a distance selling fraud. Copies of the Regulations may be found at www.hmso.gov.uk/si/si2000/20002334.htm.

David Rowe-Francis is a lawyer and former internal auditor who specialises in civil and commercial fraud as well as IT law. He is a member of the Fraud Advisory Panel and sits on the e-fraud and criminal investigation and confiscation working parties.

The raison d’étre for the regulations

The Consumer Protection (Distance Selling) Regulations (the Regulations) became law on the 31 October 2000, and will affect any business that utilises the Internet and other remote media to conduct transactions with consumers. The Regulations were drafted “to give Consumers greater confidence, when effecting transactions at a distance, ie, a non face-to-face transaction…by ensuring that they have the same legal protection as a Consumer who conducts a traditional face-to-face transaction…should a dispute arise”.