Blog - Page 12 of 14 - SEQ Legal

Website information and procedures: transactional requirements

28 Apr 2008
Posted in Internet Law

In yesterday’s post, I considered the basic legal information that most commercial websites are required by English law to disclose. Many of these basic disclosure requirements are contained in the Electronic Commerce Regulations (EC Directive) Regulations 2002 (the “Ecommerce Regulations”). The Ecommerce Regulations also contain a number of (widely ignored) provisions that apply where contracts […]

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Website legal information: basic requirements

27 Apr 2008
Posted in Internet Law

Warning: this post is out-of-date.  For the current law (as at 18 May 2012)  on ecommerce site information disclosures, see: https://seqlegal.com/blog/selling-online-and-law-part-4-information-disclosure ********** English law requires that most business websites supply certain information. The basic information requirements are set out in: The Electronic Commerce Regulations (EC Directive) Regulations 2002 (the “Ecommerce Regulations”). These Regulations implement into […]

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Domain name rights

A complainant in domain name arbitration proceedings must establish rights in the trade mark or name used to ground the complaint. For example, the Uniform Domain Name Dispute Resolution Policy (UDRP) only applies where: “[the registrant’s] domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights” […]

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Living with legal risks

09 Mar 2008
Posted in Other

“Please do whatever necessary to make sure I don’t get sued or fined!” Clients sometimes assume that the instruction of a legal adviser amounts to an insurance policy against legal risk. But whilst proper legal advise should reduce a business’s legal risks, it will not eliminate them. There are, I think, five main reasons why […]

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Scraping, data mining and data harvesting

Many websites incorporate data obtained from other websites. It is sometimes thought that, where the data obtained is not protected by copyright (e.g. data consisting of postal addresses arranged alphabetically) there are no legal problems. This is however a mistake: the collection and re-use of such data can present significant legal risks. As a matter […]

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Scraping, data mining and data harvesting

Many websites incorporate data obtained from other websites. It is sometimes thought that, where the data obtained is not protected by copyright (e.g. data consisting of postal addresses arranged alphabetically) there are no legal problems. This is however a mistake: the collection and re-use of such data can present significant legal risks. As a matter […]

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Email footers and the law

19 Feb 2008
Posted in Internet Law

In deciding what to include in your standard email footers, there are two kinds of legal issue: what must be included; and what inclusions are desirable.  There are various distinct statutory requirements.  The main kinds of potentially desirable inclusions are email disclaimers and confidentiality notices. Mandatory inclusions Sections 349 to 351 of the Companies Act […]

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Content: kinds of illegality

12 Feb 2008
Posted in Criminal Law, Internet Law

The publication of website content – whether textual, audio, video, or other content – can be unlawful in two main ways. It can breach the criminal law; and it can give rise to civil liability.  Breaches of the criminal law may result in prosecution, and a successful prosecution may lead to a fine or even […]

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Buying a disputed domain name: price

25 Jan 2008
Posted in Domain Name Law

Many domain name disputes settle by agreement: the domain name registrant agrees to transfer the domain name to the person making the complaint, often in exchange for payment. I am sometimes asked what price should be paid. My answer usually depends upon three factors: (i) the probability of being able to recover the domain name […]

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International transfers of personal data

Website operators commonly transfer the personal data of their users overseas. However, the UK’s Data Protection Act 1998 expressly restricts certain transfers of personal data outside the European Economic Area : “Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate […]

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