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DATA-PROTECTION  January 2007

DATA-PROTECTION January 2007

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Subject:

Re: Email footers, Websites etc

From:

"Blewitt, David" <[log in to unmask]>

Reply-To:

Blewitt, David

Date:

Tue, 9 Jan 2007 12:01:45 -0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (394 lines)

For those in FE and HE:

I have just had feedback from our Clerk to the Corporation, and it would
seem this requirement does NOT apply to FE colleges, and presumably HE:


"This new legislation has caused some interest on our FE Clerks network
and it would seem that opinion rests on the premise that as this applies
to companies incorporated under the Companies Act 1985 colleges are not
subject to this amendment as they are independent Corporations with
exempt charity status formed under the Further and Higher Education Act
1992."

It would be possible to be prudent by stating your college is an
independent Corporation with exempt charity status formed under the
Further and Higher Education Act 1992. It is not possible to publish a
company number because we are not issued with one.

Any updates on this view?

David Blewitt


-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Nick Landau
Sent: 03 January 2007 14:33
To: [log in to unmask]
Subject: Re: [data-protection] Email footers, Websites etc


MessageI think that it is worth posting from
http://out-law.com/page-7594
("Companies to update websites and email footers before 2007") what
information is required for the record. If it did come in under the
radar at
least we can do our bit to put it in the spotlight (or whatever other
metaphor might be appropriate).

"The following is the minimum information that must be on any company's
website (from OUT-LAW's guide, The UK's E-commerce Regulations).

The name, geographic address and email address of the service provider.
The
name of the organisation with which the customer is contracting must be
given. This might differ from the trading name. Any such difference
should
be explained - e.g. "XYZ.com is the trading name of XYZ Enterprises
Limited."

It is not sufficient to include a 'contact us' form without also
providing
an email address and geographic address somewhere easily accessible on
the
site. A PO Box is unlikely to suffice as a geographic address; but a
registered office address would. If the business is a company, the
registered office address must be included.

If a company, the company's registration number should be given and,
under
the Companies Act, the place of registation should be stated (e.g. "XYZ
Enterprises Limited is a company registered in England and Wales with
company number 1234567")

If the business is a member of a trade or professional association,
membership details, including any registration number, should be
provided.

If the business has a VAT number, it should be stated - even if the
website
is not being used for e-commerce transactions.
Prices on the website must be clear and unambiguous. Also, state whether

prices are inclusive of tax and delivery costs."

It adds:

"Finally, do not forget the Distance Selling Regulations which contain
other
information requirements for online businesses that sell to consumers
(B2C,
as opposed to B2B, sales). For details of these requirements, see our
guide,
The Distance Selling Regulations - An Overview.
(http://out-law.com/page-430)"

The appropriate regulations are:

The Companies (Registrar, Languages and Trading Disclosures) Regulations

2006

http://www.opsi.gov.uk/si/si2006/20063429.htm

There is also a link to the Companies Act 2006
http://www.opsi.gov.uk/acts/acts2006/20060046.htm which contains many
references to company websites - for instance

"Schedule 5 COMMUNICATIONS BY A COMPANY" "PART 3 COMMUNICATIONS IN
ELECTRONIC FORM" and "PART 4 COMMUNICATIONS BY MEANS OF A WEBSITE"

http://www.opsi.gov.uk/acts/acts2006/60046-ba.htm#sch5pt3

Nick Landau

----- Original Message -----
From: Nick Landau
To: [log in to unmask]
Sent: Wednesday, January 03, 2007 1:18 PM
Subject: Re: [data-protection] Email footers, Websites etc


In principle, if someone receives a "business" email from any
organisation
it does seem reasonable that an address should be supplied so that one
can
send them a letter.

I would suggest that most public organisations would provide this
information in the signature of their email correspondence.

Nick Landau
----- Original Message -----
From: Broom, Doreen
To: [log in to unmask]
Sent: Wednesday, January 03, 2007 12:34 PM
Subject: Re: [data-protection] Email footers, Websites etc


Having read the article - it states "any company" so I think not and in
any
event, we do not have registered offices...one less panic for us public
authorities....
Happy New Year to you all.......just back today
Doreen





From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Hughes2 John (RJ6)
MHC-TR Manager
Sent: 03 January 2007 12:31
To: [log in to unmask]
Subject: FW: [data-protection] Email footers, Websites etc


I wonder if this applies to public authorities as well as the private
sector
.......


-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 03 January 2007 12:13
To: [log in to unmask]
Subject: [data-protection] Email footers, Websites etc


As if the "not another wretched regulation" department did not have
enough
to do, this jolly little thing sneaked in almost under the radar:

http://out-law.com/page-7594

I've just spent a happy time dealing with our own website and email
footers.
I think the words "good" and "grief" are worth using here, along with
"Gosh,
our clients will feel far more secure about using our services now",
said
with a grimace and clenched teeth.


Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP
http://www.marketingimprovement.com

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