Website Legal Compliance
Intellectual Property
Many of the intellectual property issues for websites are similar to the issues for printed media (including, for example, infringement of third party intellectual property rights through unauthorised replication of third party works). However, there are a number of regulations which have particular application to websites, including (i) infringement caused by hyperlinks linking to external websites; and (ii) the interaction between domain names and trade marks.
Data protection
The Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 place a number of restrictions on:
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The requirements in the legislation include keeping personal information secure, notification (registration) under the Data Protection Act and providing a ‘fair processing notice’ explaining how website users’ data will be processed. The regulations also govern the use of ‘cookies’ (even where personal information is not collected).
For example, it is common for websites to feature a ‘contact us’ facility (either by using an online form or by giving an email address): contact details collected by this mechanism will usually be subject to Data Protection law
e-Commerce regulations
If your website is used to promote goods or services offered by you, your website may need to comply with the Electronic Commerce (EC Directive) Regulations 2002.
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Among other things, compliance may require you to provide:
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Distance Selling Regulations
The Consumer Protection (Distance Selling) Regulations 2000 set out a number of requirements which your website must meet if it is to be used to sell goods or services to consumers.
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These include requirements to provide:
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However, the Regulations will not apply to your website if you deal only with other businesses, as opposed to members of the public acting in a private capacity.
Access for users with disabilities
The Disability Discrimination Act 1995 applies not only to the provision of "equal access for all" in the physical world, but also to access online.
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Accordingly, your site's accessibility for disabled visitors should be assessed to ensure that:
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Defamation
Care must also be taken if your website is intended to provide any form of user forum such as a “chat room” or “bulletin board” as this may result in you being held liable for defamatory comments posted by your website’s users.
Equally, care should be taken not to include any defamatory advertisements on your website for goods or services offered by a third party.
General considerations
In addition to complying with a number of regulations which have unique application in the online environment, your website must also comply with more general legal regulation including the Consumer Protection From Unfair Trading Regulations 2008 and other consumer protection and advertising regulations, unfair contract terms legislation, contract law and company law.
Particular care should be taken to ensure that your standard terms and conditions are properly incorporated into any contract with online customers, if applicable
How can we help you?
We can draft specially tailored legal documentation for use on your website, such as:
Privacy policies are not a specific requirement under data protection law but they can help to ensure compliance with a number of its provisions, the breach of which can, in certain cases, lead to criminal sanctions and liability for damages, not to mention negative publicity. A privacy policy can also serve a useful marketing function by re-assuring your website users that:
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This document regulates your relationship with your website users. It is important in regulating the use of copyright material on the website, specifying the terms which are to apply to any downloaded material, hypertext linking and liability for website content. |
If you conclude contracts wholly via your website (or by any combination of wholly distance means, such as telephone or email), this document will regulate these commercial transactions with your website users. As well as addressing issues common to commercial contracts concluded without using a website (such as liability and payment), Terms and Conditions of Sale can also be used to help satisfy the specific requirements of the e-commerce Regulations (and Distance Selling Regulations, where applicable.) |
If your website incorporates bulletin boards, discussion groups or other such online forums, this document can help to regulate your relationship with users of your online user forums. This can be drafted to address issues such as liability for defamation, intellectual property infringement and misleading advertisements. |
Legal Compliance Report
We can review your completed website and prepare a legal compliance report in relation to the above matters, noting any recommended changes.
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Contact Details: |
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Name: |
Austin Flynn |
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Callum Murray |
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DDI: |
0131 247 1260 |
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0131 247 1237 |
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Email: |
austin.flynn@morton-fraser.com |
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callum.murray@morton-fraser.com |
The contents of this article are for information only and are not intended to be construed as legal advice and should not be treated as a substitute for specific advice. Morton Fraser accepts no responsibility for the content of any third party website to which this article refers.
Morton Fraser LLP is authorised and regulated by the Financial Services Authority.
