INTERNET PROTOCOL Legally parked
have an impact on what you need to do in order to operate your website lawfully. Advertising on a website needs to be handled carefully. The Advertising Standards Authority reviews websites and will uphold complaints for breach of its Codes of Conduct. What if you get it wrong? Well, in addition to potential fi nes, there are other signifi cant problems that you could face. For example, if your website-use policies are not incorporated properly, a visitor would not be restricted in how they could use your website. Any disclaimers, intellectual property rights and limitations on liability would be ineffective. Your website could be exposed to signifi cant abuse and you would be powerless to prevent it happening.
Data protection breach Also, where your privacy policies have not been incorporated, a visitor would not be told how their data would be used, stored or disclosed. And, without giving them the right to opt out of marketing material, you could be in breach of data protection legislation. Selling or supplying goods and services online is also far from straightforward. You can’t simply rely on the website terms of use. If you do, you run the risk that a common law contract might apply to any sale or supply of goods or services. So, you lose the opportunity to limit your liability, or stipulate
your liability, linking into third party websites, cookies and uploading material to your own site. Ensure that all people accessing your website agree to the policies before being given access.
■ Also specify how your website should be used As well as general terms for accessing it, specify what is acceptable use of your website. In particular, clearly specify the prohibited uses, such as for unlawful or fraudulent purposes.
Privacy policy ■ Consider what information
will be collected and stored The Data Protection Act 1998 requires that personal data is protected. If personal data is being collected and stored on your website, users need to be told. You also need to be clear on whether the data will be stored
www.britishparking.co.uk
ABOUT the AUTHOR:
Claudia Gerrard is
legal director at Ortolan Legal. Contact
details: cgerrard@
ortolangroup.com or 0844 561 1638
outside the European Economic Area. Make sure the user is told about this on the website.
■ Consider use of the data and the user’s rights
You must let the user know how you will use their data. They also need to be told whether, and in what circumstances, their data will be disclosed to a third party. Any website user has the right to ask you not to process their data for marketing purposes. Make sure they have the opportunity to do so, and that you comply with any request to opt out.
Supplying goods and services online ■ Additional terms and conditions should be included on the website
You will need a proper contract if you sell or supply goods and services on line. In such circumstances, the contract will be made
specifi c return conditions for goods sold on line. Notoriously, the common law tends not to favour suppliers of goods and services. Combined with all that, if you do get it wrong, adverse publicity could cause immeasurable harm to your business. Ultimately, a website should be viewed as the outward face of a company and could form the initial contact with potential clients. As such, it is a valuable tool which should be protected at all times. And it must also comply with the law.
completely electronically. So comprehensive terms should be included online, and not simply supplied when goods are dispatched or services are provided.
■ Include all key terms The electronic contract should include the same terms as any other contract. Include facts such as how the contract is formed, payment, termination, rights and obligations. Also consider delivery and return. If services are being supplied, ensure both parties know what is being provided.
■ Special considerations for consumers
Distance selling regulations require that consumers are given the opportunity to cancel a contract made on line. In addition, the Unfair Contract Terms Act 1977 makes it unlawful to exclude certain rights when a contract is made with a consumer.
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