Waste electrical and electronic equipment reform consultation: business and regulatory impact assessment - partial

8.0 Digital Impact Test

5.0 Changes to policy, regulation or legislation can often have unintended consequences, should government fail to consider advances in technology and the impact this may have on future delivery. This digital impact test is a consideration of whether the changes being made can still be applied effectively should business/government processes change – such as services moving online. The below details the evaluation of the proposed market restrictions on current and future digital developments. Overall, it is viewed that the proposed legislation will not have an adverse impact on digital technology developments.

Table 4. Digital Impact Test Questionnaire

Question 1. Does the measure take account of changing digital technologies and markets?

105. Potential changes in digital technologies and markets are being accounted for during the development of this legislation.

Question 2. Will the measure be applicable in a digital/online context?

106. Any potential impacts would apply equally to both online and offline retailers, as they apply to all affected products placed on the Scottish market which become WEEE. Creating a level playing field for physical and online retailers is one of the policy drivers of this change.

Question 3. Is there a possibility the measures could be circumvented by digital/online transactions?

107. If correctly enforced, any free-riding by online businesses will be minimised. Ensuring online businesses have the same obligations as physical retailers is one of the objectives of this policy.

Question 4. Alternatively, will the measure only be applicable in a digital context and therefore may have an adverse impact on traditional or offline businesses?

108. No, for the reasons already given.

Question 5. If the measure can be applied in an offline and online environment will this in itself have any adverse impact on incumbent operators?

No.