Hi Jonathan, On Sat, Apr 12, 2008 at 06:30:21PM +0100, [EMAIL PROTECTED] wrote: > > Now as i said before - the law you quoted is clearly aimed at COMPANIES > [implying registration with companies house].
This is not at all clear to me. In several places the document
refers to "Persons providing a service". I think you will find that
the legal definition of a registered company allows it to be
considered a Person in this context, as does that of a natural
person i.e. individual, sole trader.
> And as we can all agree - INDIVIDUALS do not make COMPANIES
I do not believe that this argument is made anywhere in the
directive.
> In support of this I have extracted the important bits for you:
> "If the business is a company, the registered office address must be
> included in any event."
>
> - NOT APPLICABLE UNLESS YOU HAVE ONE. ONLY COMPANIES HAVE THEM.
You seem to be ignoring the "If" at the start of that sentence.
There is nothing here that exempts individuals, on the face of it.
In fact you are totally failing to quote a piece from the exact same
document:
General information to be provided by a *person* providing
an information society service
6. - (1) A *person* providing an information society
service shall make available to the recipient of the
service and any relevant enforcement authority, in a
form and manner which is easily, directly and
permanently accessible, the following information -
(a) the name of the service provider;
(b) the geographic address at which the service
provider is established;
(emphasis mine)
If there were some exemption as you claim (and I have an open mind
about this), I would therefore expect to find it stated as equally
clearly as the above. And not having found it, I would have to
personally conclude that there is no such exemption, unless you can
show otherwise.
> "If a company, the company's registration number should also be given."
>
> - NOT APPLICABLE UNLESS YOU HAVE ONE. ONLY COMPANIES HAVE THEM.
Again..
> "If a company, the place of registration should be stated (e.g. "XYZ
> Enterprises Limited is a company registered in England and Wales with
> company number 1234567") though this is a requirement of the Companies
> Act as from 31st December 2006, not the E-commerce Directive."
>
> - NOT APPLICABLE UNLESS YOU HAVE ONE. ONLY COMPANIES HAVE THEM.
And again..
> "If the business has a VAT number, it should be stated -- even if the
> website is not being used for e-commerce transactions."
>
> - NOT APPLICABLE UNLESS YOU HAVE ONE. ONLY COMPANIES HAVE THEM.
And again..
> UK Law currently overrides the EU document - unless MR BROWN has already
> sold the rest of the UK to Europe.
> I better check the news channels on that one :-)
We are discussing UK law. Specifically:
http://www.opsi.gov.uk/si/si2002/20022013.htm
> It is very off-topic for a Linux User Group?????
We are indeed straying very off-topic, but you have made an
assertion and not yet backed it up, in my opinion. If you think you
have, well, let's just agree to disagree and leave it there.
Cheers,
Andy
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