contact us

For businesses and charities that use a website and conduct business activities via email, there are certain important issues to be wary of, regulations to comply with and pitfalls to avoid.

Many of those issues may be dealt with by core documents and policies which are an essential minimum.

Website Terms of Use Policy

This document may assist you to prevent:

• unauthorised access to your site;
• unauthorised reproduction of information on it and prevent your intellectual property;
• unauthorised disclosure of security information;
• hacking, viruses and illegal or defamatory content being uploaded to your site;
• becoming liable to end-users or linked sites; and
• falling foul of the law and becoming vulnerable to an investigation by the Office of Fair Trading;

and enable you to lawfully collect information about your customers and use it for market research or direct-marketing.

Privacy Policy

This document is necessary to assist you to:

• comply with the requirements of the Data Protection Act 1998;
• lawfully collect, store and use the personal data of your website customers;
• avoid criminal sanctions for misuse of information; and
• build customer confidence in your website and business.

Acceptable Use Policy

This is essential where your website encourages interaction by the use of a forum, file-sharing, a bulletin board or similar. It is essential to avoid liability:

• for defamatory uploaded content and qualify for the defences under the Defamation Act 1996;
• for infringement of third party intellectual property rights; and
• and retain control of your website to maintain and build your reputation.

Website Terms and Conditions of sale or supply

For businesses that sell goods or services via a website and by other distance means to businesses and consumers, the contracts made are subject to rigorous rules.

Under the Distance Selling Regulations and E-Commerce Regulations the website owner must provide certain prescribed information. For example, information about:

• the business’ status and contact details;
• the technical means of concluding the contract;
• a consumers right to cancel the contract within a 7 day cooling-off period; and
• your refunds policy.

Further:

Email Disclaimers should be used as a strong incentive to those who receive them in error to destroy, return and keep quiet about the content of confidential emails.

Contact John Morgan, Peter Copsey or Alexander Hall for further information on 0845 55 55 321.

Contact our Employment division for assistance with an Employee Internet and Email Use Policy which may be used to control employees, reduce liability, increase productivity and enable effective and necessary monitoring.

related links

Employment law for businesses
Employment law for executives
Manage your internet and email business efficiently and lawfully - E-Commerce checklist
Company and business sales and acquisitions - see overview of the issues to consider and the process involved in buying or selling a business
Achieving Full Sale Value - Selling or buying a dental practice with significant NHS work

commercial newsletter

Click here to view our latest Commercial Newsletter.

Click here to view previous editions.

Employment Law Alert (PDF File)

contact