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• Top Ten 'Legal' Tips when Setting up a Website

1. Choose a domain name address that is free for you to use, without fear of infringing a third party's legal rights (e.g. registered trade mark rights) and make sure it is registered in your name.
2. Register the brand name(s) and logo(s) that you intend to use on the website as registered trade marks. This will make it easier to prevent third parties using your brand name(s) and logo(s).
3. If you are using a third party to design your website, make sure they assign all rights (including all intellectual property rights) in the website to you, and that they provide you with suitable warranties and assurances in a written contract (e.g. that the website does not infringe anyone else's legal rights, such as their copyright; that it will be free from material defects and will function in accordance with the specification, etc).
4. If you are using a third party to host your website, ensure that you have a written contract in place governing issues such as maintenance, downtime, service credits, price and payment, term, etc.
5. If you intend to sell goods or services to consumers based in the UK from the website you will need to comply with consumer protection laws, such as the Distance Selling Regulations, the E-Commerce Regulations, the Unfair Terms in Consumer Contracts Regulations and the Trade Descriptions Act.
6. If you do intend to sell goods and services from your website, you will need to post terms and conditions of sale/supply on your website (for example, explaining how and when the goods/services will be delivered, when title will pass, what price must be paid for the goods/services and when, etc.)
7. If you intend to collect personal data from persons visiting the website, ensure your collection and processing of this data complies with the Data Protection Act and that you have in place appropriate technical, organisational and security measures to protect the data (e.g. against unauthorised access or disclosure). Posting a 'Privacy Policy' on your website would also be a good idea.
8. Post terms and conditions of use on the website, so that visitors to the website understand what they can and cannot do when accessing the website and what liability you disclaim (e.g. in respect of links to third party websites).
9. Ensure that nothing defamatory is posted on the website (e.g. in a chat room). Not only will a libellous remark leave you open to a legal claim, but it may also create a PR disaster for your business.
10. Once the website is up and running, carry out regular audits, especially of your terms and conditions of use, privacy policy and your terms and conditions of sale/supply, so as to make sure they are up to date and continue to be legally compliant.

If you need assistance with any website, e-commerce, intellectual property or commercial contract issues then please contact , Head of Intellectual Property, on 01392 33 3951.

Ashfords is regulated by the Solicitors Regulation Authority. The information in this article is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.