Is your website breaking the law?

You’ve poured your heart and soul into your website. It’s your digital shopfront, your online brochure, and your customer service hub. But have you considered the legal implications? Your website is subject to a surprising array of laws, from consumer protection to data privacy. Let’s unravel the legal maze together.

The basics: Essential information for all websites

Whether offering consultancy or selling shoes, under the Companies Act 2006, all UK businesses must clearly display certain information on their website, including:

• Business Name: This might seem obvious, but make sure your business name is clearly visible. If your trading name is different to your limited company name, make this clear! For example, ‘Acme Co is a trading name of Joe Bloggs Limited’.
• Registered Address: This is where legal documents can be served.
• Contact Details: Include a clear email address and a phone number.
• Company Registration Number: If you’re a limited company, this needs to be displayed.
• VAT Number: If you’re VAT registered, this should also be visible.

This information is typically found in the footer of a website or on a dedicated “Contact us” page. Failure to include these details can result in fines or penalties from Companies House.

Ecommerce Websites: Extra Legal Obligations

If you’re selling products or services online, you’re stepping into a world with even more rules. Let’s break it down.

• Product information: This includes details about the product, price, delivery charges, and any applicable taxes. You must provide clear and accurate information.
• Consumer rights: You must comply with consumer protection laws, which give your customers the right to return faulty goods or cancel contracts.
• Payment information: Be clear about payment methods, exchange rates, and any additional charges.
• Delivery information: Clearly outline delivery times and costs.
• Terms and conditions: These should cover things like returns, refunds, and your liability.
• Privacy Policy: This is essential for collecting customer data. We’ll delve deeper into this later.

Failure to comply with these requirements can lead to complaints to Trading Standards, potential legal action, and reputational damage.

• Secure payment processing: Compliance with the Payment Card Industry Data Security Standard (PCI DSS) is mandatory if you handle credit card payments. This includes using SSL encryption, secure payment gateways, and storing payment data securely.

Neglecting these security measures can lead to severe consequences, including data breaches, loss of customer trust, and substantial fines from regulatory bodies. Luckily there are a number of third-party payment handlers that can take care of this for you.

Data Protection: A cornerstone of online business

Data protection is a hot topic, and for good reason. Your customers need to trust you with their personal information. No matter whether you operate in the B2C or B2B space, protecting client data is a serious responsibility.

EU GDPR and the UK Data Protection Act sets out how you should handle personal data, and the Privacy and Electronic Communications Regulations (PECR) covers privacy rights on electronic communications such as your marketing comms.

For your website that means having robust and personalised policies:

• Privacy policy: Your privacy policy explains what data you collect, why you collect it, and how you use it. It should be clear, concise, and easy to understand.
• Cookie Consent: You need to get consent from website visitors to use cookies before you drop them. Be transparent about what cookies you use and why.

It can be tempting to use free templates or ‘borrow’ policies from other websites; however you’re exposing yourself to risk, and this could work out as a moreexpensive solution in the long run.

Accessibility: Making your website inclusive

Website accessibility is not just a moral obligation but also a legal one. The Equality Act 2010 requires businesses to make reasonable adjustments to ensure their websites are accessible to people with disabilities.

This means your site should be navigable by screen readers, have alt text for images, and provide accessible forms, among other features.

• WCAG Guidelines: These provide standards for website accessibility.

Failing to comply with accessibility standards can lead to discrimination claims, legal challenges, and damage to your brand’s reputation.

The consequences of non-compliance

Ignoring these legal requirements is risky. You could face:

• Financial penalties: These can be hefty, especially for data breaches.
• Legal action: You could be sued by customers or regulators.
• Reputational damage: Customers trust is hard to build but easy to lose.

Practical steps to ensure compliance

To help ensure your website is legally compliant, consider the following practical steps:

• Conduct a website audit: Regularly review your website to ensure all legal requirements are met. This includes checking your privacy and cookie policies, company information, and accessibility features.
• Stay informed: Laws and regulations change, so it’s important to stay up-to-date. Subscribe to our Legal Loop newsletter or get in touch if you have specific questions
• Engage with experts: If in doubt, seek advice from a business lawyer or a compliance expert. Investing in professional advice now can save you from costly legal battles down the line.

Your website is a powerful tool, but it’s important to use it responsibly. By understanding and complying with the law, you can protect your business and build trust with your customers.

Need more help? I’m here to provide tailored advice. Feel free to get in touch.

Disclaimer: This blog post provides general information and does not constitute legal advice. It is essential to seek professional legal advice for your specific circumstances.