Liability Briefing on e-Business

INTRODUCTION

SETTING UP A WEBSITE

Why use the WWW?
Domain names
What are the main legal requirements regarding the contents of a website?
What terms should I agree with the website designer?
What is a hosting agreement?
What regulations govern the eCommerce uses of a website?
What are meta tags?

eMAIL

Record keeping policy
Business letters
Forming contracts by email
Contractual notices, certificates and instructions
Confidentiality and security
Encryption
Defamation
Viruses
Email policy and monitoring
Practical steps

eCONTRACT FORMATION

When is a contract formed?
Where is the contract formed?
Practical steps
Digital signatures
E-commerce Regulations

EXTRANETS

What are they?
Legal status
The ASP
The protocol
Keeping the system up to date
Keeping hard copies
QA considerations
Costs and training
System failure
Insolvency of network operator

eDRAWINGS/DESIGNS

What are the issues for the designer?
Copyright
Software format requirements
Commercial and practical issues
Storing and archiving

COMMON eISSUES

Intellectual property rights
Database rights
Insurance

eRETENTION & ARCHIVING

Why is a data file retention and archiving policy important?
Lifespan: ‘dead’ and ‘live’ archives
Legal status
QA considerations
Back-up/disaster recovery
Hardware, software, people

COMPUTER DISPOSAL

RELEVANT LEGISLATION/CODES OF PRACTICE

Regulation of Investigatory Powers Act 2000
Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000
Data Protection Act 1998
Employment Practices Data Protection Code of Practice
Human Rights Act 1998
Business Names Act
Copyright and Rights in Databases Regulations 1997
BS7799 ‘Code of Practice for Information Security Management’
Electronic Communications Act 2000
Electronic Commerce (EC Directive) Regulations 2002
Guidelines for the security of information systems and networks
Disability Discrimination Act 1995
Codes of Practice DISC PD0008:1999

LINKS TO MORE INFORMATION

The information, recommendations and/or advice contained in this Liability Briefing are intended for use as a general statement and guide only. Neither CIC, any member of CIC, committee, nor member of the committee that compiled the Liability Briefing accept any liability for any loss or damage which may be suffered as a result of the use in any way of the information, recommendations and/or advice contained in the Liability Briefing and any person wishing to use such information, recommendations and/or advice must in all cases take appropriate professional advice before doing so on the matters referred to in the Liability Briefing and is themselves solely responsible for ensuring that any action they take is correct and appropriate in the circumstances.