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Make websites compliant or face criminal charges warning

03 August 2009

Internet retailers are being warned to ensure their websites comply with regulations – or risk committing a criminal offence.

IT specialists at national law firm Shoosmiths say some e-tailers forget or ignore the need to include full details about themselves on their websites.

Failure to do so is a criminal offence, and could leave a company and all its officers facing fines.

Under the Company (Trading Disclosures) Regulations 2008, any company operating a website – whether just a marketing platform or for sales – must make full details about itself available to customers.

Information has to include:
• who you are, and how customers can confirm this
• what you do
• how you can be contacted – not only to purchase products, but also should customers wish to make a complaint

Shoosmiths partner Michelle Sherwood said: “The regulations aim to ensure that anyone dealing with a company via a website knows its legal identity, its limited liability status, where in the UK it is registered, its paid up share capital (if relevant), and where its records can be inspected.” 

As well as the trading disclosure regulations, the Electronic Commerce Regulations 2002 apply exclusively to e-commerce, and require e-tailers to provide additional information, including the name and geographical (trading) address of the website operator.

To avoid falling foul of the regulations, Sherwood suggests e-tailers:

• conduct a website review
• provide an alternative method of communication for customers – phone lines – with details of numbers on the website

Sherwood said: “If the information provided on your website is clear and unambiguous, and gives customers information equivalent to what they would obtain from physically entering a store, it should satisfy UK and European regulators.”

 

For further information please contact:
Name: Alastair Gray
Phone: 08700 864096
Email: Alastair.Gray@shoosmiths.co.uk

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