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Wednesday, 19 November 2008

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Websites and the Law

Make sure your website meets legal requirements

Don't fall foul of the Law

Note: - the following information is from our interpretation of the legislation and is provided purely as a guide for the reader. To make sure how it applies to you, you should check with your legal representative or suitably qualified practioner as to how the legislation will apply to you and your business. Artemis Media / Cumbria Business Portal cannot accept any responsibility for your actions or any loss incurred by you once you have read this information, as stated the information provided is to inform our readers from a laymans perspective.

With effect from 1st January 2007 all websites will have to conform to the latest requirements of the companies act. In short, if it needs to be on your letterheads, then it should be on your website clearly visible for all to see.

Creating a presence on the World Wide Web is not as simple as you may think, assuming you know how to use the technology.
 
As a website owner you will have to conform to certian rules and regulations when you display yourself or your company on the Internet.
 
The Legislation which will impact on you most is

  • The Disablity Discrimination Act 
  • The Data protection Act 
  • The Sale of Goods Act 
  • The Distance Selling Regulations 
  • The Trade Descriptions Act 
  • The Companies Act 

The Companies (Register, Languages and Trading Disclosures) Regulations 2006

The Companies (Register, Languages and Trading Disclosures) Regulations 2006 came into force on 1st January 2007. These regulations will have an impact on the majority of businesses and organisations in England and Wales where electronic communications (email) and websites are concerned.
 
To comply with this new and the existing regulations - company and organisations websites and electronic communications should include the following information.

  • The name, geographic address and email address of the service/product provider. The name of the organisation with which the customer is contracting must be given. This might differ from the trading name. Any such difference should be explained – e.g. "Widgets.com is the trading name of Widgets Enterprises Limited." 
  • It is not sufficient to include a 'contact us' form without also providing an email address and geographic address somewhere easily accessible on the site. If you are concerned about showing your email address type it in parts e.g. info @ widgets – ent.com with spaces between each part.  
  • A PO Box is unlikely to suffice as a geographic address; but a registered office address would. If the business is a company, the registered office address must be included. 
  • If a company, the company's registration number should be given and, under the Companies Act, the place of registration should be stated (e.g. "Widgets Enterprises Limited is a company registered in England and Wales with company number 1234567") 
  • If the business is a member of a trade or professional association, membership details, including any registration number, should be provided. 
  • If the business has a VAT number, it should be stated – even if the website is not being used for e-commerce transactions. 
  • Prices on the website must be clear and unambiguous. Also, state whether prices are inclusive of tax and delivery costs. 

What you now need on any email sent from your business

  • Place of registration e.g. England & Wales 
  • Registered office address (for limited co and LLP) 
  • Registered Number 
  • Full corporate name. As above 
  • In the case of an investment company, the fact that it is an investment company 
  • If you do not use Limited in your name even though you are a limited company then you should state in your emails that you are a Limited Company. 
  • All other information as you would expect to appear on a standard, hard copy business letterhead. 
  • This also applies to communications sent via handheld devices e.g. Blackberry or PDA. Text messages are restricted to a 160 character limit so you would add a link to the web address of your ‘about us' page which contains all the relevant information for the customer to view at their leisure. 

Have a look at the links below for a starting point for checking your legal responsibilities with websites.

  1. Data Protection Act 
  2. Direct Marketing Association this site includes a code of practice for e-commerce 
  3. Marketing UK - a very good site for general e-commerce advice  
  4. Office of the E-envoy - See what the government are doing  
  5. Office of Fair Trading - Information for on-line buying  
  6. Small Business Service Their section on e-commerce  
  7. Trading Standards a source of vital information on consumer protection in the UK  

Website Accessibility - your website and the Disability Discrimination Act 1995

photo of a Disabled User at a Computer


Disabled Access SignBuilding and maintaining a wsebsite which is user friendly to the disabled can pay dividends. Not only does it mean that your website is accessible and useable by visitors who have some kind of disability, it also makes it easier to use for abled boddied visitors. So you gain both ways.
 
It has been estimated that the disabled spend around £ 80 billion a year on the Internet. Can you afford to miss out on this?

Under UK law your website must be accessible to disabled users, whether they make use of your services or not. But why should you bother?
 
Imagine refusing to trade with more than 17 million potential customers, what business would do that? Any business who refuses to allow disabled users to access it's website is turning away customers who spend somewhere in the region of £80 billion a year in the UK economy.
     
In October 1999: DDA Section 21 came into effect
In February 2002: DDA Code of Practice (revised)
In July 2003: RNIB issued county court proceedings
In April 2004: Disability Rights Commission launch formal investigation into Web Accessibility report www.drc-gb.org
 
Your web site MUST comply with this legislation, for a FREE ten-point health check, drop us a request via our Contact form clicking this link will take you to the form.
 
All websites hosted within the Cumbria Business Portal automatically meet and pass the legislative requirements!
 
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Artemis Media (Cumbria Business Portal) is not and does not take responsibility for the content that is put on to a web site by the owner of the site and the owner of the domain name of that site. All disputes are with the owner of the site and not the host.

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