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business carried out by electronic means. Now the subject of European Union legislation in the desire for a harmonized market and to ensure the free movement of ‘information society services’ across the European Community. That includes control of the ‘establishment’ of service providers; the regulation of commercial communications; electronic contracts; the liability of intermediaries; codes of conduct; out-of-court dispute settlements; court actions; cooperation between Member States. The focus of the UK implementing legislation is on a commercial communication which is a communication, in any form, designed to promote, directly or indirectly, the goods, services or image of any person pursuing a commercial, industrial or craft activity or exercising a regulated profession, other than a communication.

A person providing an information society service is obliged to make available to the recipient of that service certain information. A service provider is under a duty to ensure that any commercial communications constituting or forming part of an information society service which he provides complies with certain requirements. A service provider is under a duty to ensure that any unsolicited commercial communication sent by him is clearly and unambiguously identifiable as such as soon as it is received and to provide certain information where contracts are concluded by electronic means unless parties who are not consumers have agreed otherwise. More practical substance appears in relation to DISTANCE SELLING. Special provisions have been made to facilitate certain aspects of e-commerce, see e.g. CONDUIT, CACHING, HOSTING.

References in periodicals archive ?
"Enabling them to access Comcast Commercial Internet Service via wireless technology is exciting.
Many brokerage houses offering direct dial-up connections also can be accessed via commercial Internet providers.
Sovam Teleport announced that it has become the first Russian member of the Commercial Internet Exchange (CIX).
Bhutan's current commercial Internet capabilities are at an impressive five gigabits per second of capacity for a nation of 740,000.
A few commercial Internet players, like eBay got their business plan right the first time but, for every winner there are thousands, maybe more, who have packed up their keyboards and left "gone fishing" signs on their Internet doors.
The BBC is to move its commercial Internet operations into a new pounds 240 million joint venture with US venture capital firm TH Lee Global Internet Managers.
German groups Bayer, Infraserv Hoechst and Deutsche Telekom are seeking to set up a commercial Internet network for chemicals and derivatives, the telecommunications and chemicals companies announced in a joint communique.
Commercial internet service provider PSINet Inc has bought two Austrian ISPs for undisclosed amounts as part of its rapid European expansion.
Students access the system by dialing either a local or toll-free number or through a commercial Internet service provider (ISP).
"Now that the Internet has become one of the primary mechanisms for delivering information, services and applications to the general public, and the primary means of collaboration and doing business, it is especially important that commercial Internet Service Providers not be able to unilaterally control or manipulate the content of these communications.

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