Five things your website needs to be legally compliant
As a business owner, you have a legal obligation to keep your website compliant with current legislation. In this guest blog, Angela Lopes-Nwonye, commercial lawyer and founder of eLiberti, explains the legal boxes you need to tick to be covered.
When launching a website, the legal aspects might not be your top priority. With so much to consider, from maintaining a consistent brand identity to captivating images, persuasive copywriting, and seamless user experience, legal compliance can easily be an afterthought.
It might not feel as exciting as those other things but keeping your website legally compliant is a must to keep your business safe (and to keep your customers protected). Plus it creates trust and shows you care about your customers.
But don’t worry, legal compliance doesn’t have to be scary. To simplify things, here’s Angela’s checklist tailored for incorporated companies based in the UK. Let’s get started...
1 · Incorporation information
What incorporation information should I include?
If you’re a company incorporated in the UK (such as a limited liability company) you must display information about your company’s identity on your website. You’ll need to include the following as a minimum:
official company name (and trading name if different)
your legal status (i.e. whether you’re a limited liability company, a community interest company, etc)
registration number
place of registration (where in the UK the company is registered, for instance, England and Wales)
registered office address
contact details, including an email address
details of how to contact your business by non-electronic means (ie post)
the VAT number of business, if applicable
details of any trade body or regulator registration
Whereas if you’re a sole trader or unincorporated partnership, you only need to show your name, trading name and the address of your primary place of business.
Either way, visitors to your website should be able to find this information easily. The law states that your incorporation information must appear on all your website pages, so this is best placed on the footer section of your website. Other key business information can be placed on your contact page or about page.
2 · Privacy policy
What is a privacy policy for?
Privacy policies, also known as ‘privacy notices’, are a legal requirement of the UK General Data Protection Regulation (GDPR), now part of the Data Protection Act 2018. The GDPR is a privacy law that regulates how organisations collect, use, and retain personal data. Ensuring your privacy policy is readily available to anyone who deals with your business is part of complying with the transparency principle of the GDPR.
If you have visitors or customers in the UK and Europe, legally you need to publish a privacy policy on your website to explain what personal data you collect and how you use it. And even if your business doesn’t have a website, you need a privacy policy if you’re processing personal data.
Most websites link to their privacy policy in the footer section.
If you want to know more about UK GDPR, The Information Commissioner’s Office (ICO) provides extensive information here. They also have a free template for creating your privacy notice. Every UK organisation or sole trader who processes personal information must pay an annual data protection fee to the ICO. Unsure whether this applies to you? Find out with this quick questionnaire.
3 · Cookie policy and consent
How do I set my cookie policy and consent?
Cookies are small pieces of data that websites store on a visitor’s device. They improve the browsing experience and collect valuable information on your behalf about how visitors interact with your site. If third-party services are connected to your site, like Facebook Pixel or Google Analytics, they also place cookies.
Legally, your website visitors must give informed consent before any non-essential cookies can be placed on their browsing devices. To comply with legal requirements, most websites have a cookie banner or pop-up to ask visitors to opt-in or out of cookie use. Instead of using a default message, why not be inventive and show your brand voice here with some creative microcopy?
As well, legally, you need to publish a cookie policy to explain how you use cookies on your site. It can be a standalone page on your website or included with your privacy policy. It’s a good idea to link to your cookie policy from your cookie banner.
The ICO provides more information about cookies here.
4 · Website terms
What should my website terms include?
Website terms, also known as ‘website terms of use’ or ‘website terms and conditions’, govern how visitors use your website. They allow you to define liability for the use of your website and its information, providing visitors with clear expectations about their interactions with your site’s content.
Bear in mind, website terms are different from your business terms and conditions or e-commerce terms and conditions (see below) that govern the sale of goods or services within your business.
While there’s no legal requirement to implement website terms, they’re good to have to minimise your business risk and show compliance with the transparency principle under UK consumer protection law.
5 · Consumer protection
Are there legal requirements for selling online ?
Consumer protection law governs the sale of goods and services to customers for either purely or generally personal use (as opposed to business use).
If you sell services like power hour calls or interactive online courses, or sell digital products such as ebooks or pre-recorded webinars to consumers, you need to publish e-commerce business-to-consumer (B2C) terms of sale on your website. These terms should cover aspects like delivery, returns, and other relevant issues, all in compliance with UK consumer protection law.
Even if you don’t sell to consumers, it’s good to have business-to-business (B2B) e-commerce terms of sale on your website for transparency purposes.
A final word
This article is an educational resource to provide a basic understanding of website legal compliance. However, the law in this area is comprehensive and dynamic, with special laws applying to specific industries. For personalised legal advice tailored to your business, Angela recommends consulting with a legal expert.
That’s it – five things you need to include to make your website compliant. Now it’s time to create the policies and terms, ready to hand over to your website designer.
The good news is many legal firms sell affordable templates that can be customised to suit your needs if you’re confident doing so. But if you’re unsure or feel overwhelmed, remember to seek guidance and make sure your website compliance aligns with your exact needs.
Angela Lopes-Nwonye
About Angela Lopes-Nwonye
Angela Lopes-Nwonye, also known as “the lawyer for the ambitious entrepreneur”, is the founder of boutique legal consultancy, eLiberti®. (Unusual name, right? Ask Angela about it!). She provides a range of commercial legal support, including brand protection services and website legal kits. Contact Angela to learn how you can implement the best legal strategies and documents to scale your business.
Find out more about eLiberti
www.eLiberti.com
Email Angela
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