Monday, 16 May 2016

Is Your Website Legal?

Did you know that all business websites must adhere to rules set out under UK law? This article addresses the legal requirements placed on commercial websites that must be met to operate within the law – and the possible consequences of failing to comply.

Here are7 important legal requirements your business web design must address to be legally compliant:

1.    Company Information
2.    Web Accessibility and the Disability Discrimination Act
3.    The Data Protection Act
4.    Consumer Protection (Distance Selling) Regulations
5.    Electronic Commerce Regulations (EC Directive)
6.    PCI DSS
7.    The EU Anti-Spam Laws
8.    The EU Cookie Directive

Registered information: For a UK registered business, the website needs to display the Company Information i.e. the business name, place of registration, registered number, registered office address and if it is a member of a trade association.

Cookies: Recent legislation changes have meant that websites must require user consent to leave cookies on the visitor’s computer unless the cookie is a necessary requirement for the website to function.

Privacy Policy: A Privacy policy or data protection notice must be displayed on the website if data is processed and must inform the user what the data is used for and that it is compliant with the Data Protection Act 1988.

Disclaimer: This document should state that the website owner does not accept any liability that may arise from using or downloading information from the website.

What are the risks of not complying?

If a website fails to comply with some or all of the rules listed above, it could generate two kinds of legal liability: civil liability and criminal liability. Civil liability may lead to injunctions and damages payments; criminal liability could mean a fine and a criminal record, and possibly worse.

There are various organisations that may be able to help on issue you want to complain about.

http://www.legislation.gov.uk/ (Anti-Spam Laws)

https://www.pcisecuritystandards.org/ (PCI Compliance)

https://ico.org.uk/ (Data Protection, Cookies, Spam)

http://www.dls.org.uk/ (Disability/Accessibility Issues)

This article is only a basic guide to the legal requirements placed upon UK website owners. To ensure your website is fully compliant, we recommend that you contact a legal expert.

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