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Posted: Mon, December 1, 2003

Computer and Internet Law


A range of legislation affects business online. The following websites from legal firms contain a substantial amount of information on:

Bird & Bird - 50 articles on Multimedia, Intellectual Property, Communications and Information Technology law plus online newsletters
Denton Wilde Sapte - a massive site with online articles
Hamiltons - substantial articles on data protection, Internet regulation and email policy
out-law.com from Masons - large number of quite detailed "Guides" on new media and e-commerce topics
Weblaw from Sprecher Grier Halberstam - includes news & articles
You will also find a useful set of links from the UK Office of the e-Envoy and an extensive set of global e-commerce law resources from Baker & McKenzie

Is your business online?
Are you trading via the Internet? Click on the following links to find useful advice:

The Office of Fair Trading
The OFT has a wide range of statutory duties and responsibilities. These pages set out the relevant legislation for businesses. You can also find Online Shopping advice.

Distance Selling Regulations
This is an outline from the DTI. They also produce Information for Businesses and a more detailed Guide for Business which you can download as a PDF file. The DTI has also published information for consumers: Home shopping: your rights as a consumer Finally, you can also read the full text of the regulations from HMSO.

Electronic Commerce Directive
The new E-Commerce Directive came into effect on 21 August 2002 and should mean that online shoppers will benefit from increased internet security. The Directive sets out strict regulations for businesses in the UK who wish to sell or advertise goods through internet or mobile phones. Guidance for small business on the regulations can be downloaded as a PDF file Complying with the E-Commerce Regulations 2002. The EU have also published Don't panic: A Beginner's Guide to European Law Affecting E-commerce which you can also download as a PDF file.

Consumers Association
The Which? website provides consumer advice on legal rights when shopping on-line, and general e-shopping guidance. The Which? Web Trader Scheme is designed to make sure consumers get a fair deal and to provide them with protection if things go wrong. Details on how to apply.

Data Protection
The Data Protection Act is concerned with "personal information" which is "automatically processed" ie broadly speaking, information about living people which is processed on computer. The official web site gives detailed guidance notes and news, and information on how to register. You can search the register of data users online.

Domain Name controversy
With the national & international scope of the Internet, there may be several similar businesses with the same name. All can't claim the same domain names. Rights to a domain name may be governed by ICANN's Uniform Domain Name Dispute Policy (UDNDP) A list of ICANN resolved cases is available at http://arbiter.wipo.int/domains/
You can research potential business names for possible conflicts with CheckDomain.com or search the Companies House Register or the Trademark Register online in the UK.
Purchase appropriate domain names even if your business doesn't have a website yet, since suitable names may not be available later. Also consider whether one of the new .info or .biz domain names would satisfy your business needs.
A good range of information is available at the Legal Issues (copyright and trademark) section of the Web Marketing Info Center although much relates to the USA.



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