Is Your Website Legal?

Sunday 11 March 2012 written by

Did you know your website must adhere to some legal requirements? I have written a series of blogs on 7 important legal requirements your website and E-Commerce site must adehere to.

  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

Here is a summary of the 8 important requirements.

So What Does My Website Need to Conform?

To ensure your website is legal you must:

All Websites

  • For a registered business, the website needs to display the following Company Information the Business Name, place of registration, registered number, its registered office address and if it is being wound up.
  • Adhere to Priority 1 of the Web Accessibility Guidelines set out at W3C
  • If the website collects user data (i.e. via simple enquiry form, or shopping cart), display a Privacy Policy informing the user what the business does with the data and that it conforms to the The Data Protection Act. The Privacy Policy needs to explain what cookies the website will create and what they are for. 
  • Require user consent to leave cookies on the visitors machine, unless the cookie is a necessary requirement for the website to function

E-commerce Sites

Comments

Picture of Heather Dorso
Heather Dorso
02/01/2012
A privacy policy is of utmost importance. Visitors/customers need to know what you do with their information. Copy pasting another website’s privacy policy is not the way to go. A privacy policy needs to be unique and simple to understand. TRUSTe’s small business offerings provide a simple, reasonable alternative to cutting and pasting a privacy policy. Also, case studies show that TRUSTe seals increase sales and registrations [3-5%]
Picture of Laurence Cope
Laurence Cope
17/05/2012
I've updated the requirements to add number 8, the EU Cookie Directive
Picture of Andy Williams
Andy Williams
26/04/2013
If a website doesn't comply with the above. who do you complain to (I've tried complaining to the company concerned, but they've just ignored me). Where next? Is it the ICO?
Picture of Laurence Cope
Laurence Cope
26/04/2013
There are various organisations that may be able to help, but it depends on the issue you want to complain about. I would start with the following organisations:
http://www.legislation.gov.uk/ (Anti-Spam Laws)
https://www.pcisecuritystandards.org/ (PCI Compliance)
http://www.lgo.org.uk/ and other Ombudsman, but I am unaware of an Ombudsman for websites.
http://ico.org.uk/ (Data Protection, Cookies, Spam)
http://www.tradingstandards.gov.uk/
http://www.dls.org.uk/ (Disability/Accessibility Issues)
http://www.adviceguide.org.uk/
There may be other websites. I don't believe the website industry to be very controlled at the moment. There are no governing bodies or regulators to ensure we all comply to certain standards like other industries. Yes, there are laws, but I do not believe they are upheld much. I wish a regulator was introduced to reduce the number of unprofessional website developers like other industries, which would ensure websites were of greater quality and adhered to the law and standards, but alas, ANYONE can build a website to the poorest quality if they so wish, and I have yet to hear about any legal actions taken against the medium to small business and personal websites, generally the much larger organisations and brands would be the target.
Good luck!

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