Legal Requirements
There are many acts of legislation which affect websites. This is a summary but is not intended to constitute or replace legal advice.As well as the Disability Discrimination Act (discussed in accessibility and the law, you should be aware of the following:
Data Protection Act
If you use your website to gather information about people which can be used to identify them, for example their name and email address, or data from a cookie, you must comply.The DPA has eight principles relating to personal data:
- Data must be gathered lawfully and without deception
- Data must only be gathered for specific and lawful purposes, and cannot be processed for other purposes
- Data must be relevant, adequate and not excessive for the specified purpose
- Data must be accurate and kept up to date
- Data must not be kept longer than necessary for the specified purpose
- Data must be processed in accordance with the data subject's rights; you must reveal or remove the data on request from the subject of the data
- Data must be held securely
- Data must not be exported outside the EC without permission from the data's subject
Distance Selling Act
The DSA applies to business to consumer ecommerce transactions. Therefore, if you run a web shop, you are likely to be bound by the terms of the Act.The rules of the DSA are these:
- Clear information about the products and services must be available before deciding to buy
- Clear information about postage and packing, VAT or any other costs must be available before deciding to buy
- A written confirmation of the order must be provided after purchase
- A "cooling off" period of 7 days must be provided, except for perishable and certain other goods
- Information about the customer's right to cancel must be provided
Ecommerce Directive
The Directive applies to all businesses with a website. There are further regulations for those websites which also sell products or services. The Office of Fair Trading can issue a "Stop Now Order" if you do not comply.You must:
- Display the name of your business
- Display your geographic address - not just a PO Box
- Give your contact information, including an email address which makes it possible for users to contact you in a "direct and effective manner"
- If you are VAT-registered, display your VAT number
- If you are a member of a trade organisation, give identifying details such as your membership number
- If you are part of a regulated profession, give details of your professional body, your professional title and the Member State (of the European Community) as well as reference to the professional rules applicable to you, such as a link to an appropriate website
- If you are subject to an authorisation scheme, particulars of the relevant supervisory authority.
- Acknowledge receipt of an order electronically and without undue delay
- Allow simple means for the customer to correct errors prior to placing the order
- Highlight the languages offered for inclusion in the contract
- Explain the different technical steps required to conclude the contract
- Confirm whether the contract will be filed and how it will be accessible
- Provide information on Codes of Conduct to which you subscribe, and a method for them to be consulted electronically such as a link to an appropriate website
Privacy and Electronic Communications Regulations 2003
If you use cookies, sections of this EU Directive will apply to you. In particular you must:- Provide information about the data you are collecting and the purpose
- Provide a simple mechanism for users to refuse
- New customers must opt in to receiving mail from you - you need their permission to send them email
- Existing customers may continue to receive email from you, but must be able to opt out at any time
Your website must meet legal requirements. How does your site fare?
"We are really delighted with our new website. Flash was extremely fast, friendly and helpful all the way through the process and went to great lengths to get the website just as we wanted. As complete novices to the world of website design, we were grateful to have a person who made the task run so smoothly.
Thank you very much!"
[Hackney Family Backup]
[Hackney Family Backup]
"Thank you so much for all your hard work on my behalf; you very quickly grasped the image I wanted to portray. I am really pleased with the website that was delivered earlier than I expected and on budget. Your extensive knowledge of websites and the legislation that affects them is impressive and led to a level of detail that I was not expecting. I literally could not have done it without you. It has been a real pleasure working with Web Design & Mastery."
[Kate Fishpool Associates]
[Kate Fishpool Associates]