Hello,
I just found your brilliant templates regarding disclaimer, privacy policy etc. and also the terms and conditions and was asking myself if especially the terms and conditions are also for use in Scotland as my company is based there. I have not much knowledge about the difference in these law systems but have been told that there might be some.
Could you help, please?
Kind regards
Sabine Weiten
Alasdair Taylor's Answer
A lot of the legal rules that affect the preparation of website legal documents come from the EU. For example, the Data Protection Act, the Ecommerce Regulations and the Distance Selling Regulations are all creatures of EU law, and as I understand it there is little difference in their implementation between England and Scotland.
In addition, many of the domestic statutory rules, and common law rules, will also be the same or very similar.
For these reasons, you could expect Scottish law website legal documents to look very similar to English law documents.
However, in some situations there will be relevant differences. For instance, contract law affects the drafting of website legal documents, and English and Scottish contract law do not always accord. See:
http://www.inhouselawyer.co.uk/index.php/scotland-home/8094-scots-and-english-contract-law-false-friends
I am not qualified to comment on the details of Scottish law, and I cannot recommend the use of our templates under Scottish law – unless you plan to have them reviewed by a Scottish lawyer before use.
