Online Compliance

The compliance landscape in the UK is becoming more onerous on businesses, and having an online presence means there is an even greater amount of legislation, usually EU derived, which governs what a business can or cannot do. This includes:

  • the Electronic Commerce (EU Directive) Regulation 2002
  • the Consumer Protection (Distance Selling) Regulation 2000
  • the Consumer Contracts (Information, Cancellation & Additional Charges) Regulation 2013
  • the Data Protection Act 2018
  • the Privacy & Electronic Communications (EC Directive) Regulations 2003

The legislation provides a clear framework for what businesses need to do when they are online. The requirements vary and with online trading in particular become more onerous from a compliance perspective, especially if the business is selling to consumers rather than being a B2B site.

Non-compliance causes a number of issues for businesses which can range from loss of consumer and third party trust, adverse publicity and reputational damage at one end of the scale through to civil sanctions, fines and criminal penalties at the other. A good website must therefore be as compliant as possible to minimise any risk to the website owner.

The Solution
Eolach provide two main products targeted for compliance and keeping it legal online.

(Basic) Webcheck
This covers all businesses but does not comment on e-commerce activities (which would form part of the Webcheck Plus Package). A typical Webcheck covers:

  • Ensuring compliance with the Companies Directive for limited companies and industry specific requirements or the OSCR requirements for not for profit businesses.
  • Advising on basic data protection & GDPR compliance
  • Provision of a Privacy Policy
  • Provision of a Website Terms of Use
  • Provision of copyright and trademark notices where applicable.

This would typically include a written report with a summary of recommendations for compliance and template privacy statements and website terms of use specifically tailored to your business.

Webcheck Plus
This includes everything in the Webcheck package above but assumes there is an e-commerce or transactional element to the website. In addition to the Webcheck items this review will include:

  • An audit against the Distance Selling requirements including those imposed by the  Consumer Contracts (Information, Cancellation & Additional Charges) Regulation 2013.
  • Reviewing existing terms and conditions, if any, to ensure they comply with the extensive requirements for distance or off-premises selling or providing new terms and conditions if the customer doesn’t currently have any.
  • Review of on-line marketing provision (including email marketing and electronic newsletters) to ensure compliance with the Privacy & Electronic Communications Regulations and Data Protection Act with notes on remedial actions required if any.

Again you will receive a report as outlined above but the Plus package report will be more detailed than the one provided under the Basic package and the templates will include terms and conditions of business tailored to your own business model.

 

If you would like advice on any aspect of online compliance contact us now using the form below.

GET IN TOUCH

Have questions?

Eolach Consulting provide experienced, comprehensive and professional advice and training to businesses about using their “knowledge” wisely be it by identifying, protecting, exploiting and managing their data securely and effectively in accordance with GDPR and related legislation and best practice.

Call : 07554 015818

39 Anne Crescent, Lenzie, Glasgow G66 5HB

    Eolach

    Eolach Consulting is run by Marion Menzies. Marion completed her law degree at Glasgow University and has over 30 years of experience gained in both legal practice, where she was a partner in a large commercial Scottish Law Firm, and latterly in industry, working for a global engineering business for 6 years where she was primarily responsible for IP and data protection.

    ADDRESS

    39 Anne Crescent, Lenzie, Glasgow G66 5HB

    PHONE

    07554 015818

    EMAIL

    marion@eolachconsulting.co.uk

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