ENF 19.5 The FSA's powers where an incoming ECA provider fails to comply with a direction

An incoming ECA provider may have the status of an authorised person, for example, because that it passports into the United Kingdom in respect of other activities which are regulated activities. The enforcement powers available to the FSA where an incoming ECA provider who is an authorised person breaches an electronic commerce activity direction include powers to seek injunctions (see ENF 6), to require or apply to court for restitution (see ENF 9), and to impose public censures and financial penalties (see ENF 11 to ENF 13).

The enforcement powers available to the FSA where an unauthorised incoming ECA provider breaches an electronic commerce activity direction include powers to seek injunctions (see ENF 6) and to apply to court for restitution (see ENF 9).

The FSA may use the information gathering and investigation powers under sections 165 to 167 and section 168(4) and (5) of the Act where it considers an incoming ECA provider may have contravened an electronic commerce activity direction. These powers are discussed in ENF 2.