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| |
 New
regulations govern UK web hosts, ISP's: |
Legal
info:
Web traders should take sensible legal
protective steps: |
If you have a business website, whether trading
or non-trading you need: website terms and conditions (T&Cs) governing your legal relationship
with users of your site
otherwise: you have little protection if sued.
If you link to other sites or provide other
information on which users might rely
you need: a disclaimer in your website T&C's,
otherwise: you have missed the chance to exclude or limit your liability.
If you are concerned if someone copies your
content
you need: a copyright notice and to address intellectual property in the website
T&Cs
otherwise: your position is weaker if you have to sue infringers.
If your website is inaccessible to the disabled
you need: to comply with appropriate design guidelines
otherwise: you could be ordered to do so and to pay compensation under the
Disability Discrimination Act
If you collect personal data (e.g. email
addresses) via your website you need: to register, have a privacy policy and comply with the Data Protection
Act
otherwise: data may be unsaleable and you may be the subject of enforcement
action If your website includes discussion groups or
bulletin boards you need: appropriate disclaimers
otherwise: you are at greater risk of being sued for libel
If you sell online, whether B2B or B2C
you need: trading T&Cs (not the same as website T&Cs)
otherwise: you have no control over your legal relationship with customers (e.g.
as to the point when a binding contract exists – remember the Argos £2.99 TVs)
And: to comply with new e-commerce regulations -
provide certain information and take steps e.g. availability of T&Cs, correct
ability of input errors, acknowledgment of orders
otherwise: customers can cancel contracts and you can be sued for compensation
If you have website or trading T&Cs on your
website
you need: to make them sufficiently accessible
otherwise: they are worthless
If you sell to consumers
you need: to comply with Distance Selling Regulations (amongst other things)
otherwise: customers have 3 month rather than 7 day cooling off period
If you sell abroad
you need: to take appropriate (and different) precautions re B2B and B2C
customers
otherwise: you are at greater risk of being dragged into court in a distant
country.
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The
Electronic Commerce (EC Directive) Regulations 2002
|
The regulations, part of the Electronic Commerce (EC Directive)
Regulations 2002, address several issues surrounding Web hosting in the UK,
including site content and tax regulations. They were published by the
government, a little less than two weeks before they became law. The
directive is based on the European Union E-Commerce Directive.
The overall aim of the EU’s directive is to break down potential
legal barriers against e-commerce use across Europe by declaring the
responsibilities and rights of both businesses and consumers. The regulations
were also designed to promote the free flow of information across Europe, and to
protect companies that operate networks where it is impossible to track all the
information being exchanged between servers and users.
In the United Kingdom, where the regulations were slightly
altered before becoming law, Web hosting firms and ISPs are now responsible for
ensuring a number of conditions are regularly enforced. One of the most
significant obligations for UK Web sites surrounds the UK Value Added Tax, or
VAT for short. As of August 21, Web sites hosted in the UK that sell goods or
services are required to include an e-mail address, geographical address and VAT
number where necessary. What’s more, any prices listed on a Web site hosted in
the UK must now clearly indicate whether they include both VAT and delivery
costs.
Web sites must also acknowledge the receipt of any orders placed
online without delay. "A service provider shall acknowledge receipt of the order
to the recipient of the service without undue delay and by electronic means,"
regulation 11(1)(a) states, and "make available to the recipient of the service
appropriate, effective and accessible technical means allowing him to identify
and correct input errors prior to the placing of the order," according to
section 11(1)(b).
The directive also aims to remove some of the ambiguities
surrounding the removal of third-party content, declaring the onus will be on
law enforcement authorities to prove that a service provider was aware of the
content before being held liable. According to the directive, service providers
act as a “mere conduit” for the transfer of information so long as specific
conditions are met. The full text of the EC Directive is available at
http://www.legislation.hmso.gov.uk/si/si2002/20022013.htm.
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