In the recent Content Services case the European Court has confirmed the OFT's position that a website does not constitute a 'durable medium' for the purposes of the Distance Selling Directive.
The Distance Selling Directive and Distance Selling Regulations require businesses which sell goods or services to consumers from a distance, for example on the internet, to provide certain information to consumers in a durable medium.
This obligation will not be met by hosting the required information on the website of the business, as it is not a sufficiently permanent medium. It appears that a confirmation email containing all of the required information will be sufficient, as it can be permanently stored unchanged by the consumer. An email containing a link to the information will not be sufficient.
The risk for distance sellers of not complying with this requirement is a dramatic increase in the length of time during which consumers will have the legal right to cancel their contracts.