Many businesses,
in a rush to establish their web site, lose sight of the basic legal
requirements. Perhaps the following information will prove to be
a useful reminder as to what should be included in your site.
The majority of web sites should include standard Terms & Conditions,
this is particularly important if you are selling from the site.
Make sure they are suitable for e-commerce transactions, if applicable,
and include a statement making it clear that purchasers must be
over 18 years of age.
If the site collects personal data relating to customers, or such
information is publicly displayed, the requirements of the Data
Protection Act 1998 should be borne in mind. Regardless of whether
or not you are collecting personal data we advise you also include
a Privacy Policy - setting out how customers data will be collected
and how it will be kept confidential.
If you have, and are using a registered Trademark protect it by
using the appropriate symbols ™ or ®. Although its not necessary
we advise you also include a © (copyright) symbol.
Limited companies (Ltd) should comply with the Companies Act 1985
which requires you to show certain details such as the fact that
you are indeed a limited company, the company's registered number
and the address of the registered office.
Merchant web traders should be familiar with the UK's ecommerce
tax regulations and laws. For further information refer to the Government
publication: Electronic
Commerce - The UK's Taxation Agenda.
Government Acts of Legislation
The following information highlights important UK Government Acts
of legislation.
The Electronic
Communications Act 2000 gave a legal status to digital signatures,
a framework for encryption services and regulations regarding telecoms
licensing.
Digital or Electronic signatures are admissible in court proceedings
as evidence of the identity of the sender.
The Regulation
of Investigatory Powers Act 2000 governs legislation regarding
the interception of communications. It gives the police the power
to demand encryption keys and to enable them to decrypt digital
signatures.
The Data
Protection Act 1998 is the main protection for ensuring personal
data is collected, stored and processed correctly/legally. For general
information Data
Protection Register.
Another important Act of legislation is the Defamation
Act 1996 which protects person(s) against libel defamation.
The European Union's Consumer
Protection (Distance Selling) Regulations 2000 covers nearly,
but not all, consumer contracts which are not concluded "face-to-face",
including contracts concluded by e-mail and over the Internet. This
directive allows consumers to withdraw without reason or penalty
from contracts within a specified "cooling off" period.
Please Note:
Fusion are not legal experts. The above information should only
be used as a guide. If you require professional legal advise please
contact us,
we will point you in the right direction.