One of the silver linings to emerge during the Covid-19 pandemic is a huge surge in the e-commerce activities with many people reassessing their work/life balance, a widespread acceptance of working from home or even finding themselves unexpectedly unemployed.
As a result, we have been working closely with a number of businesses and website designers to help online businesses achieve compliance in this area either by preparing fresh policies from scratch or updating their existing policies. We like to think that our work allows entrepreneurs to get on with the exciting stuff while we ensure they do it safely.
If you are selling any products or services online, you must comply with e-commerce regulations, so what are the main factors here? We summarise below:
- Intellectual Property (IP). Your website is one of your key business assets, yet far too often the underlying IP rights of the website and the domain name are often overlooked when the website is being designed by a third party. Also, it’s worth considering the location of your website host/maintenance provider as it’s not unusual for online businesses to outsource this to companies outside the UK. If this would fall under the definition of processing personal data under the legislation, then you may need to consider additional obligations here.
- Terms and conditions. Your terms and conditions describe everything your business does and form the backbone of you business. They absolutely should not be copied and pasted from anywhere else as it’s unlikely that any two businesses are complete copies of each other and you might only realise when you face an issue with a customer and find you cannot point at your own terms. Depending on your online business, your terms and conditions of business should consider who you are selling to (there are significant differences between consumer and business customers) the product description, price, intellectual property, return or cancellation policies, limitation of liability, refunds, dispute resolution, complaint procedure to name a few.
Please note that this blog post is for reference purposes only and is only accurate at the date it was published.
It does not constitute legal advice and should not be relied upon as such. We recommend that you reach out for a specific legal advice about your circumstances before taking or deciding not to take any further action. Please contact us if you have any questions.
- Business structure and set up
- Shareholders agreements
- Contract formation and management
- Trademarks and IP protection
- Website Policies
- Terms and Conditions
- Directors Service Agreements
- Marketing and UK GDPR health check
- Privacy and Data Protection
- Complete e-commerce set up
- Supply, distribution and manufacturing agreements
How can we help?
Tiger Law is here to help protect you and your business. E-commerce business requires significant consideration and detail, and might seem challenging.
Our lawyers can help you ensure that you know the regulations that apply to your online business and that you comply with the legal requirements, which can help you avoid and resolve potential legal issues.
As we say here at Tiger Law “prevention is better than cure”.
We hope this has helped but please do not hesitate to contact us by using one of the following methods if you want to discuss this further:
If you need assistance with negotiating, drafting and or advising on commercial contracts whether business to business or business to consumer context, please contact:
- Cynthia Jakes, Commercial Solicitor at Tiger Law.
- Damion Way, Senior Consultant Solicitor at Tiger Law
- Vanessa Challess, Senior Partner and Founder of Tiger Law