Are your website and emails compliant?
JUNE 2009
Company information disclosure requirements on websites and emails
UK law prescribes what company information must appear on websites and emails. This article gives an overview of the requirements.
Every company must list (in legible characters) its full company name, company registration number, place of registration and registered office address on its website, order forms and emails. Although these requirements came into force on 1st January 2007, a surprising number of emails and websites still fail to comply.
Earlier legislation required the information to appear on 'business letters' but the duty was extended on 1st January 2007 to websites, order forms and electronic documents. There is no guidance as to when an email will be classed as a ‘business letter’ and so most companies opt to add the information to the footer of all emails. Many companies had added the information to emails before the legislation was passed because it was thought that ‘business letters’ included emails even before the law was clarified.
Fortunately, the specified information does not need to appear on every page of a company’s website but it should be easily accessible. Many companies list the information in an ‘About us’ or ‘Contact us’ page or at the foot of the home page.
The Electronic Commerce (EC Directive) Regulations 2002 also specify certain information that must appear on websites:
- The name, geographic address and details (including an email address) of the organisation providing services through the website making it possible to contact it rapidly and communicate with it in a direct and effective manner. If the name of the organisation which enters into the contract with the consumer differs from the trading name, the difference should be explained – e.g. "ABC.co.uk is the trading name of ABC Limited."
Simply including a 'Contact Us' form is not enough. An email address and geographic address should also be provided. Many websites fail in this regard. If the business is a company, the registered office address must be stated.
- Company registration number and place of registration (if applicable e.g. "ABC Limited is a company registered in England and Wales with company number 7654321").
- Membership details (including registration number) of any trade or professional body of which the business is a member. Professional titles and the EU Member State where the title has been granted should be given. There should also be a reference to the professional rules that apply to the organisation providing services through the website and details of how they can be accessed.
- The VAT number (if applicable) even if the website is not being used for e-commerce transactions.
- Prices on the website must be clear and unambiguous and state whether they include VAT and delivery costs.
If the organisation providing services through a website fails to comply with the Regulations, end users may:
- cancel their order
- seek a court order against the organisation
- sue the organisation for damages for breach of statutory duty if they can demonstrate that they have suffered a loss as a result of the failure to comply with the Regulations.
The Director General of Fair Trading and Trading Standards Departments may apply to the courts for a Stop Now Enforcement Order if the organisation’s failure to comply with the Regulations “harms the collective interest of consumers”. The courts will also have the power to order the organisation to publish corrective statements with a view to eliminating the continuing effects of past infringements.
Failure to comply with a Stop Now Enforcement Order may result in the organisation being held to be in contempt of court, potentially leading to a fine and/or imprisonment.
If you would like any further information about the issues raised in this newsletter, or any other aspect of corporate law, please contact a member of Goodman Derrick LLP's on 0207 404 0606.
This guide is for general
information and interest
only and should not be
relied upon as providing
specific legal advice.
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