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DATA-PROTECTION  January 2007

DATA-PROTECTION January 2007

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Subject:

Re: Email footers, Websites etc

From:

Nick Landau <[log in to unmask]>

Reply-To:

Nick Landau <[log in to unmask]>

Date:

Wed, 3 Jan 2007 14:32:43 -0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (278 lines)

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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