Section 35Part 9 — Miscellaneous
Code of practice
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The Governor, on the recommendation of the Authority, may, by regulations, establish standards or conduct requirements with which e-commerce service providers or intermediaries carrying on business in or from within the Islands must comply.
A standard established by regulations made under subsection (1) may relate to one or more of the following matters —
the types of services that are permitted to be provided by intermediaries;
the types of customers to whom services may be provided by intermediaries;
the types of information permitted to be contained in an electronic record for which services are provided by intermediaries;
the contractual application of relevant codes of conduct or standards to customers of intermediaries and e-commerce service providers;
the information to be disclosed by intermediaries and e-commerce service providers including the name, address, e-mail address and contact and registration details;
the actions to be taken in the event of customers of intermediaries or e-commerce service providers sending bulk, unsolicited electronic records;
the practical application of the relevant laws of the Islands to intermediaries and e-commerce service providers;
procedures for dealing with complaints;
procedures for dispute resolution, including dispute resolution by electronic means; and
such other matters as the Governor may require.
Regulations made under subsection (1) shall provide —
that an intermediary or e-commerce service provider who fails to comply with a standard prescribed in the regulations shall in the first instance be given a written warning by the Authority;
that the Authority may direct that person to cease or correct his practices; and
that if that person fails to do so within such period as may be stated in the direction, he commits an offence and is liable to such penalties as may be prescribed.
If the Authority is satisfied that a person, body or organisation represents intermediaries or e-commerce service providers carrying on business in the Islands, the Authority may, by notice given to the person, body or organisation, request that person, body or organisation to —
develop standards or conduct requirements that apply to intermediaries or e-commerce service providers and that deal with one or more specified matters relating to the provision of services by those intermediaries or e-commerce service providers; and
provide details relating to those standards or conduct requirements to the Authority within such time as may be specified in the request.
If the Minister, on the recommendation of the Authority, is satisfied with the standards and conduct requirements provided under subsection (4), he shall approve such standards and conduct requirements by notice published in the Gazette, and thereupon such standards and conduct requirements shall apply to such intermediaries or e-commerce service providers as may be specified in the notice.
If the Minister has approved any standard or conduct requirement that applies to intermediaries or e-commerce service providers, and —
he receives notice from a person, body or organisation representing intermediaries or e-commerce service providers or proposals to amend the standard or conduct requirement; or
he no longer considers that the standard or conduct requirement is appropriate,
he may, by notice published in the Gazette, revoke or amend any existing standard or conduct requirement.
References in this section to intermediaries and e-commerce service providers include references to a particular class of intermediaries or to a particular class of e-commerce service providers.