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Legit website communications >> 07.09.2010, 15:02

Are your website communications legit?

The top 6 rules you need to follow

In this article, we summarise the key features of the latest regulations that govern the practices of E-Marketing (the advertising of goods and services via electronic media) and E-Commerce (the selling goods and services via the internet). We also offer practical advice to ensure that your website complies with each.

Having invested time and money in creating a good website, it is worth noting that as well as being a legal requirement, prospective customers are more likely to transact business with your site if it complies with these regulations.

A summary of the current legislation in the UK

6 practical steps to ensure that your website complies...

A summary of the current legislation in the UK

European E-Commerce Directive (EC Directive)

Applies to e-commerce or marketing conducted via the Internet, email and instant messaging. The storing and presentation of electronic content is equally affected by the current web legislation.

The Companies Act 2006

Details important legislation regarding the publishing of registration details for companies online.

Privacy and Electronic Communications Regulations

Regulate e-marketing activities and include additional rules against unsolicited emails or text messages, which are commonly referred to as spam.

The Distance Selling Regulations 2000

Provide protection to consumers who are not physically present with the seller at the time of purchase. These regulations cover email, web, telephone and mail order transactions.

Disability Discrimination Act 1995 (DDA)

Arguably applies to websites since The Disability Rights Commission (DRC) 1999 and the Special Needs and Disability Act 2001.

Determines that websites should be made accessible so that disabled users are not disadvantaged when using the Internet.

Practical advice for your website

Required information to be published on websites/e-communications

It is of utmost importance to comply with the E-commerce and Companies Act regulations. These require you to publish:

  • Business name.
  • Company registration number (and place of registration) or proprietor's name.
  • Registered office address.
  • Geographic address.
  • Other contact details, such as email address and telephone number.
  • Professional trade body registration details.
  • Supervisory body details.
  • VAT number, if registered.
  • Clear information about price, tax and/or delivery costs.
  • Terms and conditions.
  • Details of any company winding up order.

Setting up an online contract

Most UK e-commerce regulations aim to ensure that online contracts are legally binding and enforceable. The rules can be complex and change frequently.

In order to form a valid online contract you must:

  • Present your customer with all technical steps to conclude a contract. An example is a box that needs to be checked to agree to terms and conditions.
  • Let your customer know if you file contracts and how a user can access the data.
  • Clearly state what languages are offered for conclusion of contracts.
  • Detail any relevant codes of conduct which apply to your business and how these may be consulted on website.
  • It is of utmost importance that customers can go back at any stage to correct mistakes before an order is placed.
  • Once an order is placed, immediately acknowledge receipt so that your customer can rest assured that all is going well.

Direct marketing online

The Privacy and Electronic Communications Regulations mainly govern this. When sending direct marketing communications you must ensure that:

  • The sender is clearly identified with name and contact details.
  • Always provide the recipient with a valid address it can use to request such communications to cease.
  • If the recipient is a prospective customer and has not yet 'opted-in' or otherwise clearly expressed consent to the receipt of such emails, the individual consent must be obtained before sending the communication.
  • If you are direct marketing an existing customer and send information about products/services similar to those already purchased, this rule does not apply. However, the rule to offer a quick way to 'unsubscribe' from any such emails must be followed.
  • Corporate bodies may be contacted without asking beforehand for consent. However, you will still need to offer an opt-out clause.
  • Any commercial communication should be clearly identifiable as such through its header and should clearly identify any promotional offer (discount, premium or gift). If there are any conditions that must be met to qualify for a promotional offer these should be presented in an accessible, clear and unambiguous way.

Customer privacy on your website

The Privacy and Electronic Communications Regulations also cover cookies, which are stored on a website visitor's computer in order to provide the owner of the website with personal details about the visitor (e.g. what purchases were made, information viewed etc).

Customers should have the right to decide if they want cookies to be stored on their computers, they should know what information the cookies contain and how they disable them.

Private consumers rights

Under the Distance Selling Regulations, consumers have the right to receive:

  • Written details about the supplier and the terms of the transaction
  • Written confirmation of their orders
  • Cancellation rights
  • Complaints procedures
  • Details of after sales service and guarantees

Deliveries must be fulfilled within 30 days unless otherwise agreed. Please be aware that consumers have a cooling-off period of seven working days in which to cancel a contract without giving a reason.

This is also true if goods have been delivered, or the services have been provided. If the supplier has given no details of the cooling-off period to the consumer, it is extended to three months. They should receive a full refund.

The provision of accommodation, transport, catering or leisure services (services supplied on specific date or for specific period), the sale of customised goods or perishable goods, sealed audio or video recordings, or software, that have been opened and sales by auction are not affected by the cooling off period.

Rights of disabled users

The Disability Rights Commission (DRC) and the Royal National Institute for the Blind (RNIB) are the most renowned advocates for accessibility of websites to disabled persons. In 2004, a report: "The Web: Access and inclusion for disabled people", drafted by The Disability Rights Commission concluded that organisations which offer goods and services on the Internet have a legal duty to make their sites accessible.

It is worth noting that the RNIB has threatened two companies with legal action for not complying with the Act. The two companies in question re-developed their sites to make them accessible. In addition, the Internet governing body W3C has published standards and accessibility guidelines, which are generally regarded to meet the requirements of the DDA. These guidelines are structured in three priority levels, with level 1 being the minimum acceptable standard for accessibility. If you are interested to find out more about the individual guidelines, please go to W3C website.

We hope you have found this article useful and that the tips offered add value to your business. To find out more about Metastar's internet services contact us today.

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