Is Your Business Website Lawful?

Business website: What should it contain?

Your business has a website, have you ensured there are no restrictions or requirements that you should display?

If your business operates a web-site which is used to market your business i.e. advertise services or goods or actually sell goods or services online (whether it is to other businesses or consumers), then you need to be aware of, and ensure you adhere to the Electronic Commerce (EC Directive) Regulations 2002. If you are a company you also need to comply with The Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015.

What does that mean?

Under the Regulations there are requirements to ensure certain information is displayed on your website.

What should I do?

Check to ensure that your website contains the following information:

  • Details of the business/service provider i.e. Name and geographical address and also an e-mail address;
  • If you operate through a company (or LLP), you must display your company (or LLP) registration number, your registered name and office details;
  • VAT number, if the service provider  undertakes an activity that is subject to VAT; and
  • Details of any trade organisation to which you belong or if the services you provide are subject to an authorisation scheme, details of the relevant supervisory authority.
  • If you are a member of a regulated profession, you will need to disclose:-
    • details of any professional body or similar institution with which you are registered.
    • Your professional title and confirmation of the country where that title has been awarded;
    • A reference to the professional rules which are applicable to you.

Do you sell goods or services online?

If you sell goods or services online (i.e your website is used to conclude a contract) then you will need to provide the following additional information to your potential customers:-

  • You need to give details of how to complete an on-line transaction and conclude the contract;
  • Confirmation of whether or not any contract concluded between you (the service provider) and your customer will be filed by the service provider and, if so, whether your customer can access it;
  • A description of how the customer can identify and correct input errors before they place an order;
  • The language(s) offered for the conclusion of the online contract;
  • If you or your business subscribes to a code of conduct you need to say so on your website and explain to customers how they can access/consult the code.

What else should I consider?

Although not mandatory our business lawyers would always recommend you have the following:

  1. Privacy Statement
  2. Terms and conditions of website use
  3. Having the company name and domain name doesn't fully protect you so you should consider registering your trademark - logo, name or slogan.

For more information contact us…

0207 426 0382

enquiries@acitylawfirm.com