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Legal Issues and Requirements 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 ecommerce 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. Further information on that can be found below. 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: HM Customs & Excise. Government Acts of Legislation The following information highlights important UK Government Acts of legislation. The government departments most concerned with the Internet are the Department of Trade and Industry (Electronic Communications Act), the Home Office (Regulation of Investigatory Powers Act) and the Department of Culture, Media and Sport (who regulate the regulators). 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. Legal recognition of electronic signatures is effectively the same as that for hand written signatures. The Regulation of Investigatory Powers Act 2000 governs legislation regarding the interception of communications, it gave 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. In other words, if you say or write something about someone and it isn't true, you can end up in a court of law defending your claims. The European Union's "Distance Selling Directive" concerns legal protection for consumers purchasing goods and services "at a distance". The regulations include nearly, but not all, consumer contracts which are not concluded "face to face", including contracts concluded by e-mail and over the Internet. Retailers entering in to distance contracts with consumers should provide certain information about themselves, their products or services, being sold. The Directive allows consumers to withdraw without reason or penalty from contracts within a specified "cooling off" period. Many traditional (high-street) retailers consider this to be a disincentive to go on-line as they usually only allow for cancellations if goods are faulty. However, many experienced on-line retailer adopted the "withdraw without reason" approach before the implementation of the "Distance Selling Directive" as a means to reassure their consumers of their good faith. Retailers who fail to refund a customer's money in the case of a cancellation may be committing a criminal offence. Please Note InterWeb Design 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.
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