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  4. > Websites and the Law

Websites and the Law

  • March 2014
  • -
  • Thorogood Publishing
  • -
  • 150 pages

Is your company/client website legal? Do you know what information you are required by law to put on it? What if your domain name is too close to someone else's? What if someone is diverting people from your website to theirs? What are the laws on copying material from websites? What can you do with people's personal data sent to your website? This report deals with all the practical legal issues which arise with websites - both those sites which sell goods or services and those which advertise.

This Report aims to provide the reader with a full description of the areas of law which apply to websites. Most companies in the UK have a website and many do not comply with the legislation. The EU has been largely responsible for most of the legal rules which apply, from legislation on distance selling to electronic commerce and data protection with the latest changes taking effect on 13 June 2014. What is lacking is a coherent statute containing all relevant laws. Instead, businesses need to know about sale of goods law, laws relating to advertising, data protection legislation and even disability laws. This Report summarises the main legislation and provides practical guidance on how to ensure your website is legally compliant. There are over 100 countries in the world and in most of them there is Internet access. It will never be possible to check a website for compliance with all laws in all states but this should not put businesses off going on-line. There are risks in all methods of sale or advertising but in most cases they are not huge risks. Most countries require websites to be accurate and businesses to supply goods as described when they say they
will. Therefore most suppliers who are honest and whose contract conditions on the website are clear have little to fear.

Table Of Contents

Websites and the Law
Your employment contract 2
Blogs 3
Commissioning a website or designs for your site 3
Copyright ownership issues 4
Timing 4
Principal laws to consider 5
Computer viruses 8
Computer Misuse Act 1990 8
Copyright, Designs and Patents Act 1988 9
FAST and BSA 9
Pirated software 9
Summary 12
International trade mark disputes 13
Legal notices 14
Uniform Dispute Resolution Procedure 14
Cybersquatters 15
Resolving disputes 15
Metatags and search engines and trade marks 16
International trade mark issues 17
Parallel imports and exhaustion of rights 17
Further information 18
Summary 20
Advertising agencies 21
Running a competition 22
Points schemes 22
Partnerships and alliances 22
Offering warranties 23
Linking and the law 23
Copyright notices and intellectual property 24
Example copyright notice 25
Downloads 26
Confidentiality 26
Codes of Practice 26
Further information 26
Summary 30
Making the terms stick 31
Distance selling regulations 31
Exclusions 33
Rights 33
Delivery in 30 days 34
Action for companies 35
Credit card transactions 35
Security 35
The Electronic Commerce (EC Directive) Regulations 2002 36
Provision of Services Regulations 2009 37
Data Protection 38
Other areas and Competition Law 39
Screen Scraping 40
Electronic contracting 41
Rescinding contracts 42
Further information 42
Summary 46
Notification 47
The data protection principles 47
Subject access 48
Opting in and out 48
Glossary of terms 49
Exporting data 51
Cookies 51
Breaching the law 51
Example of a privacy policy 52
Privacy notice 52
Further information 57
B2B telemarketing guidance published 58
Summary 60
‘Reasonable adjustments'? 61
RNIB recommendations 62
Compliance 63
The W3C standard 63
DRC investigation 64
Further information 65
Appendix 1
Websites and the internet: frequently asked questions
of the information commissioner 68
Appendix 2
Complying with the Electronic Commerce (EC Directive)
Regulations 2002 82
Introduction 82
New information requirements 86
Information requirements 87
Commercial communications 89
Electronic contracting 91
Limited liability for service providers 92
Other sources of information 93
Appendix 3
Monitoring at Work 94
Appendix 4
Extract from: Information Commissioner's Data Protection Code of Practice - Monitoring at Work Good Practice
Recommendations V1.0 29 98
Other specially commissioned Reports from Thorogood 105

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