Is your website compliant with the law?

Posted by / October 25th, 2016 / No responses

We posted last week about how to ensure you’re compliant when trading online. [Click here].

We had quite a lot of questions after our post, so we’re going to add a few additional posts with extra info.

Here we will summarise what UK legislation requires website operators to have on their website in terms of information to protect the interests of their customers and users.

(It’s important for you guys to know that failure to comply with these information requirements can result in action being taken by consumer protection bodies or by customers themselves. It can also result in damage to a business’s reputation. And it’s easy to remedy – just check out the requirements below and then either update your site yourself or ask your designer to do it for you.)

So, here we go.

Every website operator must publish the following information:

  • Name.
  • Geographical address.
  • Contact details including an email address.
  • Information on how you can be contacted by non-electronic means.
  • Where it is subject to authorisation scheme, details of the relevant supervisory authority.
  • Where its activities are subject to VAT, its VAT number.

Information required from different types of website operator:

There are some different/additional information requirements depending on the nature/ structure of the website operator’s business (and also how the operator uses their website and who its customers are). The table below provides a useful summary.

If your business is a limited company: You must also disclose:

* The company’s registered name.
* The part of the UK in which the company is registered (e.g. England).
* The company’s registered company and registered office address.
* If the company is exempt from having the word “limited” in its registered name, you must still state that it is a limited company.
If the website operator is a member of a regulated professions For example solicitors or accountant.  The website must also provide details of the professional body with which it is registered and a reference to the applicable professional rules.
Where contracts are concluded online If a website is used to sell goods/services online, you must provide the customer with the following information:

* Clearly describe the technical steps that the customer must follow to conclude the contract.
* Confirm whether or not the contract will be filed and, if so, whether the customer can access it.
* Clearly describe the technical means for the customer to identify and correct orders before placing an order.
* The languages offered for the conclusion of the contract.
Additional information where contracts with consumers are entered into online If the customer is a consumer, the customer must be given  additional information, including a description of the goods or services being sold, the prices payable and arrangements for delivery or performance, and details of the customer’s right to cancel under certain statutory cooling-off periods.

The Consumer Contracts Regulations 2013, which apply to all contracts made on or after 13 June 2014 changed the information required and extended the cooling-off period. If you are trading online with consumers, please come and talk to us for more information.

 

As ever, any questions, tag us in the FB group or drop us a line at hello@serenwood.co.uk

Enjoy getting-savvy!