Risky business legal tips for safe selling online Internet World Nigel Miller Partner, Fox Williams LLP 1 May 2008

Five Golden Rules  Build in compliance  If you don't own it, don't use it  Respect personal data  Mind your T’s & C’s  Keep your distance

Build in compliance  Sector specific regulation  Accessibility  Disability Discrimination Act  “About us” information  E-Commerce Regulations  Companies Act  The other “Golden Rules”

If you don’t own it, don’t use it  Web development  Content  Software  Bespoke work  Meta content  AdWords  © notices

Respect personal data  Who needs to comply?  do you collect “personal data”  Key points  notification  data protection principles  Why comply?  fines  enforcement action  adverse publicity, loss of goodwill  time and costs  compensation claims

Top-tips for data protection  Notify  Develop privacy policy  information  cookies  consent  position it correctly  Secure the data  encryption  contract with data processors  International data transfers  options for compliance  “Opt in” – for marketing

Mind your T&C’s  When and how a contract is made  How to “incorporate” your T&C’s  Play “fair”  Be “reasonable”  Make sure the price is right

Keep your distance  Cancellation right  Refunds  Returns  Re-sellability  Exceptions to cancellation right  Delivery obligation

Thank you … Please visit us on stand E 457 Nigel Miller commerce & technology partner Tel:  Build in compliance  If you don't own it, don't use it  Respect personal data  Mind your T’s & C’s  Keep your distance