I’ve just finished working on a new template terms and conditions of use document for marketplace-type websites. This process has not been as straightforward as it should have been. Both the Ecommerce Regulations and the Distance Selling Regulations are poor fit for this kind of website, because of the range of different contractual relationships that […]
Internet Law Archives - Page 4 of 5 - SEQ Legal
What legal documents do I need for my new website?
Website legal documents are like vitamins: you know they’re good for you, but you probably don’t know exactly what they do. With a bit of research you could find out what they do – but, let’s face it, even lawyers can find legal research a little boring. There are legal aspects to all websites. Legislation […]
Distance Selling Regulations: right of cancellation
NOTE: This post is now of historical interest only. The legislation referred to in this post has been superseded by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. All online traders in the UK and wider EU should know about the right to cancel distance contracts available under the Distance Selling Directive. This […]
AdWords and trade marks: the current position
When you search the internet using Google, you get two types of results: “organic” results determined by the Google algorithm to be relevant to your query, and paid advertisements. The paid advertisements appear where an advertiser has bid on keywords relating to the search terms – i.e. has agreed to pay Google in respect of […]
Section 1 of the Defamation Act 1996
User-generated content can be a real headache for website operators. One particular risk associated with such content is defamation; however there is a special defence to libel actions which may assist a website operator who is accused of publishing defamatory content submitted by users. See my most on “Dealing with defamatory posts on your website […]
Distance Selling Regulations: disclosures
The Consumer Protection (Distance Selling) Regulations 2000 (the “Distance Selling Regulations”) came into force on 31 October 2000. They implemented into English law the main provisions of Directive 97/7/EC of the European Parliament and the Council of 20 May 1997 on the protection of consumers in relation to distance contracts. This post focuses upon the […]
Websites, data protection and children
The first principle of data protection law is that personal data must be processed fairly and lawfully, and that one or more specified conditions must be met. Perhaps the most important of those conditions affecting the collection and use of personal data via websites is: “The data subject has given his consent to the processing” […]
Internet contracts and applicable law
Many contracts, and the vast majority of professionally-drafted contracts, contain what is known as a “choice of law” clause. Choice of law clauses specify the law that will be used to interpret the contract. Choice of law clauses and choice of jurisdiction clauses (sometimes called choice of forum clauses) must be distinguished. Whilst choice of […]
Digital publishing law: why comply?
The preponderance of the laws that regulate commercial conduct online are the same laws that regulate commercial conduct offline: contract law, the law of torts, commercial law, consumer law, intellectual property law, and so on. If you know a little (or a lot) about publishing law, you know a little (or a lot) about digital […]
Website information and procedures: transactional requirements
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 […]