Useful Resources

Setting up a business and website can be confusing.  Below are a few resources that may help ease the process. Click on the title below to navigate to the relevant topic.

Data Protection Act

Distance Selling Regulations

Data Protection Act

This short checklist will help you comply with the Data Protection Act. Being able to answer 'yes' to every question does not guarantee compliance, and you may need more advice in particular areas, but it should mean that you are heading in the right direction.

• Do I really need this information about an individual? Do I know what I'm going to use it for?
• Do the people whose information I hold know that I've got it, and are they likely to understand what it will be used for?
• If I'm asked to pass on personal information, would the people about whom I hold information expect me to do this?
• Am I satisfied the information is being held securely, whether it's on paper or on computer? And what about my website? Is it secure?
• Is access to personal information limited to those with a strict need to know?
• Am I sure the personal information is accurate and up to date?
• Do I delete or destroy personal information as soon as I have no more need for it?
• Have I trained my staff in their duties and responsibilities under the Data Protection Act, and are they putting them into practice?
• Do I need to notify the Information Commissioner and if so is my notification up to date?

A guide to Notification Exemption can be found at the link below.  This is a simple to use self assessment guide allowing you assess if you are required to register in accordance with the Data Protection Act 1998.

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/notifications%20exemptions%20new%20email%200505.pdf

Further information about compliance with the Data Protection Act 1998 can be obtained by/from:

SK9 5AF

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Distance Selling Regulations

Distance Selling Regulations give protection to consumers who shop by phone, mail order, via the Internet or digital TV: The protection includes:

• The right to receive clear information about goods and services before deciding to buy;
• Confirmation of this information in writing;
• A cooling off period of seven working days in which the consumer can withdraw from the contract;
• Protection from credit card fraud.

Guide for Businesses on Distance Selling Regulations can be downloaded here: A short guide for business on distance selling (pdf 122 kb)

The Department and the Office of Fair Trading (OFT) issued revised guidance for businesses on the Distance Selling Regulations in September 2006. In a press notice (http://www.oft.gov.uk/news/press/2006/133-06) the then Minister Ian McCartney said: 'Consumers deserve protection whether they are buying from their local shop or online. But businesses need to have a clear idea of where the law stands. That's why this... guidance will support businesses in their efforts to operate distance sales and give consumers the protection they deserve.'

E-commerce Regulations put the EC Directive on E-commerce into UK law. Amongst other things the Directive requires Member States to ensure that contracts can be concluded electronically.

The Distance Marketing of Financial Services Directive establishes a set of EU-wide rules on the information that must be supplied to consumers when financial services are sold at a distance. The Financial Services (Distance Marketing) Regulations 2004 which implement the Directive came into force in October 2004. HM Treasury leads on financial services issues in Whitehall.

Provisions of Private International Law (PIL) are also relevant to e-commerce in relation to cross border transactions and disputes. The Department for Constitutional Affairs leads on PIL issues in Whitehall. 

Key Facts:

• The Distance Selling Regulations apply to both goods and services, where the contract is made without any face-to-face contact between supplier and consumer.

• Certain goods and services are exempt from all or part of the Regulations.

• The Office of Fair Trading, Trading Standard Departments of local authorities in England, Scotland and Wales www.tradingstandards.gov.uk and the Department of Enterprise, Trade & Investment in Northern Ireland (www.detini.gov.uk) are the designated enforcement authorities for these Regulations.

The main provisions of the Regulations are that:

• Consumers must be given clear information about the goods or services before buying;

• Goods must be delivered within thirty days unless agreed otherwise;

• Consumers have a cooling off period in which they can withdraw from the contract for any reason. The cooling off period begins as soon as the order has been made.  In the case of goods, it ends seven working days after the day of receipt of the goods.  In the case of services, it ends seven working days after the day the order were made.  If the consumer agrees to the service beginning within the seven days, the right to cancel ends when the service starts; and

• Where consumers notify the supplier in writing or another durable medium that they wish to cancel the contract, they must be refunded within 30 days all money paid.

The Regulations do not apply to:

• business-to-business contracts

• financial services sold at distance. These are covered by the Financial Services (Distance Marketing) Regulations.

• contracts for the sale of land – although the regulations DO apply to consumer rental agreements

• products bought from vending machines

• goods or services bought at an auction with an auctioneer