The Electronic Commerce (EC Directive) Regulations 2002

Exclusions

3.—(1) Nothing in these Regulations shall apply in respect of—

(a)the field of taxation;

(b)questions relating to information society services covered by the Data Protection Directive(1) and the Telecommunications Data Protection Directive(2) and Directive 2002/58/EC of the European Parliament and of the Council of 12th July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)(3);

(c)questions relating to agreements or practices governed by cartel law; and

(d)the following activities of information society services—

(i)the activities of a public notary or equivalent professions to the extent that they involve a direct and specific connection with the exercise of public authority,

(ii)the representation of a client and defence of his interests before the courts, and

(iii)betting, gaming or lotteries which involve wagering a stake with monetary value.

(2) These Regulations shall not apply in relation to any Act passed on or after the date these Regulations are made or in exercise of a power to legislate after that date.

(3) In this regulation—

“cartel law” means so much of the law relating to agreements between undertakings, decisions by associations of undertakings or concerted practices as relates to agreements to divide the market or fix prices;

“Data Protection Directive” means Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data; and

“Telecommunications Data Protection Directive” means Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector.