Website compliance: 10 tips
This guide is based on UK law. It was last updated in
March 2008.
Every organisation is obliged to ensure that its website
complies with what seems to be a never-ending volume of
legislation. Achieving compliance with the many rules and
regulations can be complex. No matter what your business or the
extent to which your website is used, regular reviews and updates
are vital. We set out below ten key issues which need to be taken
into account in a website compliance audit.
1. Do you have in place appropriate terms and conditions of
use?
Whether your website is one-way information only, allows
user-generated content or sells goods or services online, you'll
need some small print. This will cover core issues such as
liability, content control, law and jurisdiction.
You should not write terms and conditions and then assume that
they will bind all users of your site. To have a binding
contract, your conditions need to be accepted by the user. This
must be balanced against the need for a good user
experience. Some conditions are more important than
others and the level of incorporation can be varied accordingly.
For example, terms of sale are usually more important than a
site's copyright notice (since content can be protected by
copyright whether or not there is a notice to say so).
2. Do you collect any personal data via your site and what is
it used for?
Personal information can be collected about individuals for all
manner of purposes. Typically this may include online registration
procedures, collecting contact details to deal with information
requests and accepting online job applications to name but a few.
Make sure that you comply with the requirements of data protection law.
3. Do you use data for email or mobile marketing?
Collecting personal information via a website often goes hand in
hand with electronic marketing. Care needs to be taken to comply
with the laws on direct marketing when using email as a method of
marketing your goods and services.
4. Does your website make use of cookies?
Ensure that your website includes a clear statement on the use
of cookies and other tracking devices. We would suggest
incorporating a basic explanation of how such devices work and how
the data collected will be used. The law governing this area also
states that users should be given an opportunity to refuse such
devices. Please also refer to our sister site, www.aboutcookies.org, for
further information.
5. Is your Intellectual Property adequately protected?
Make sure any intellectual property rights are protected as
appropriate, for example by incorporating a copyright notice and
putting express restrictions on copying logos. Make use of
registered trade mark symbols where authorised to do so and make
sure that you have obtained all appropriate licences and consents
for the use of third party material.
6. Do you provide sufficient information about your
organisation and its products and services?
It is a legislative requirement that key information about your
organisation and its products and services is provided. There is a
whole host of information which should be included on your website
for example, VAT details and information on pricing and delivery
costs to name but a few. Accordingly, your website should
incorporate appropriate statements to cover these issues. See
our guide on the UK's E-commerce
Regulations for a list of the minimum information which needs
to be published on your website.
7. Do online trading terms cover all key points?
Online sales are becoming evermore commonplace. Ensure that your
website incorporates online trading terms which would go beyond
simply terms and conditions of use of your site.
These should cover key issues such as contract formation and
liability. Don't just rely on putting an electronic copy of your
standard trading terms online as they need to be appropriate to the
online environment, for example the technical steps for formation
of the contract and the ordering process as a whole need to take
account of the nature of online procedures.
8. Are you dealing with businesses only or do you deal with
consumers online?
Be particularly careful when dealing with consumers (the
so-called B2C contracts) and make sure that your website complies
with the raft of consumer legislation which affects this area. This
will include for example the Unfair Terms in Consumer Contracts
Regulations 1999 which make certain types of clause unlawful and
therefore unenforceable.
9. How accessible is your website?
Consider how accessible your website is to disabled users and
make any reasonable adjustments to ensure compliance with the
Disability Discrimination Act 1995. This is not only important from
a regulatory point of view but also in creating the right public
perception about your business in order to encourage equality and
accessibility for disabled users. Websites should be as accessible
as possible to all users including those with, for example visual
disabilities such as colour blindness. The ability to
enlarge font size is one obvious step in working towards compliance
with this legislation.
10. Who is your website aimed at and what services are you
offering?
The target user group and nature of services you offer will have
an effect upon the legal regime which will apply to your site. For
instance many websites are aimed at minors in which case great care
must be taken with regard to the collection of a child's details
and for example contract formation. Another example of specific
legislative requirement is in the financial services industry.
There are specific regulations which deal with the distance
marketing of financial services to customers.
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