Interview: E-law will still grow

Firms have witnessed a barrage of new legislation concerning the internet and computing over the past few years, says Rupert Battcock of law firm Nabarro Nathanson. "An important starting point was the EU's Initiative in Electronic Commerce communication, just over five years ago," he says. "It set out the roadmap for a lot of legislation we've seen since."

Many of the laws have been for consumer protection, such as the Distance Selling Regulations and E-commerce Regulations; and privacy laws, including the Data Protection Act. There have also been new laws to guard intellectual property. "Some much-trumpeted pieces of legislation such as the Electronic Communications Act have been important, but have not made a big day-to-day impact on many businesses," Battcock adds.

For some laws, compliance has required changes to the wording on firms' web sites, or redrafting of customer agreements, but for others, firms have had to alter processes and training. "Compliance with competition law, or protection of intellectual property, [for example], requires education and policy adjustment," Battcock adds.

Looking ahead, Battcock says firms should plan for the Privacy and Communications Directive, which becomes law on 31 October and requires consumers to "opt in" before firms can send them marketing material via email or other means; and for the Waste Electrical and Electronic Equipment (WEEE) Directive, which becomes law in August 2004, and requires the recycling of IT kit.

Forthcoming digital copyright law and a proposed Europe-wide patent system could benefit some UK firms. "[After that] there may be a breather for a while from many new regulations," says Battcock. "But enforcement of existing laws may be tightened up."

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