Transcript Website Law workshop presentation by Kate Legg

tradition
Kate Legg
Solicitor
innovation
Websites – Does yours
comply with the law?
Key Areas
Intellectual
Property
E-commerce
Data Protection
Disability
Discrimination
First Things First
• Who owns your website?
• The first owner of the site is usually the person who
creates it
• Paying for a website does not mean that you own the
rights in it
Intellectual Property:
Domain Names
• Is yours registered to you?
• Is it similar to anyone else’s?
• Monitor the Web for infringing activities
• Consider defensive registrations
Intellectual Property:
Protecting Content
• Content is generally protected by copyright
• Copyright in photographs
• Trade Marks: Should yours be registered?
• Use of other people’s Trade Marks
E-Commerce
• Online brochure or Online store?
• Legislation includes:
– Distance Selling Regulations
– E-Commerce Regulations
– Unfair Contract Terms Act
• Obligation to provide information
• Terms and conditions of sale
• International issues: Jurisdiction
Data Protection
• Eight Data Protection Principles
• Applies to information relating to living, identifiable
individuals
• First Principle: Information must be fairly and lawfully
processed
• Seventh Principle: Data security
• Eighth Principle: Data Export
Disability Discrimination
• Websites must be accessible to all
• Is your website compatible with auxillary aids?
Summary (1)
• Check Web development agreements and ensure
rights in the site have been transferred to you
• Check the domain name is registered to you and
consider defensive registrations
• Monitor the Web for others infringing your rights
• Don’t infringe other people’s rights
• Consider registering a Trade Mark
Summary (2)
• Display terms of business and comply with e-selling
legislation
• Display a privacy policy on the site and abide by its
terms
• Obtain consent where individuals’ details are published
on the site
• Review security measures
• Ensure the site is accessible to all
tradition
Kate Legg
Solicitor
innovation
Websites – Does yours
comply with the law?