Free Online Legal Advice

Internet business: getting free online legal advice.

Free Online Legal Advice: Areas Covered

Like any other business, ecommerce is governed by law and accepted practice. The cross boundary nature of the Internet has added a new layer of difficulty, however, and many issues are still awaiting resolution. The list below is not exhaustive, and very far from providing adequate summaries of the legal position — which of course varies from country to country. But it does suggest what you may need to check by visiting our resources page. Naturally, even the information provided in these sites does not supersede expert advice, but it should show how the law tends to regard the issues, which in turn should help you to:

 

• keep well within the law in the first place.

• know how seriously to take threats of litigation from disgruntled competitors.

• prepare the case before seeing your lawyer.

Contracts

You'll be expecting web designers etc. to honor their contract, so you'd better check before signing that all aspects are covered, and that adequate arbitration procedures exist for the disagreements that do arise. The contract should cover:

• description of assignment

• timetable and penalties for missed deadlines

• payment schedule

• copyright and data ownership

• warrantees: guarantees that site will perform as planned

• confidentiality of information

• non-solicitation agreement

Copyright and Intellectual Property

Though more observed in the breach, most material on the Internet is copyright-protected — images, designs, music clips (if you use them). Ideas and information cannot be copyrighted, only their particular expression, but you'll certainly get an attorney's letter if you lift large sections of text from other sites.

Data Protection and Privacy Policy

You're responsible for keeping customer credit card information secure if payment is not wholly handled by a credit card processing agency. Equally demanding, and good deal more perplexing, is complying with the data protection legislation that the EEC seems determined to foist on ecommerce merchants. Many UK companies are probably breaking the law, though prosecution seems a long way off.

Domain Names

What happens if the domain name you've crafted your site around turns out to be the trademarked product of someone else? You were granted the domain by the relevant authority, but that doesn't mean you can legally use it. Check trademarks first. Look carefully at domain names similar to yours, particularly those of public companies. You may be able to convince the courts that you had a prior claim, but you won't want the hassle or legal fees.

Encryption

The EEC and UK Government proposals continue to restrict the use of encryption in emails. Visit the resources page for the latest in this long-running saga.

More information, on these and other legal issues, is provided by our e-book.

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