Five Legal Obligations to Meet When Designing an eCommerce Website in the UK

In today’s digital age, eCommerce websites have become a crucial platform for businesses to expand their reach and engage with customers. However, with the increasing reliance on online transactions, it is essential for eCommerce businesses operating in the UK to understand and comply with specific legal requirements. Failing to meet legal obligations can result in legal claims, reputation damage, and loss of customer trust. This article will outline five essential legal responsibilities that eCommerce businesses must consider when designing their website in the UK.

1. Consumer Contract Regulations

Under the Consumer Contract Regulations (CCR), your eCommerce business must provide consumers with clear and transparent information before they purchase on your website. This includes details about the: 

• goods or services being offered;
• pricing information;
• delivery charges; and 
• the right to cancel within a specific timeframe.

Moreover, the regulations require your eCommerce company to provide consumers with written confirmation of their order, including the contract terms, total price, and additional charges. This confirmation should be sent to the consumer via email or other appropriate means.

2. Data Protection and Privacy 

Complying with the General Data Protection Regulation (GDPR) is critical to designing an eCommerce site. Your business must securely and transparently handle customer data, obtaining explicit consent for data collection and processing activities. This includes clearly explaining how customer personal data will be used, stored, and protected.

Privacy policies should be readily accessible and clearly outline the types of personal information collected, the purpose of data processing, and any third parties with whom the data may be shared.

Furthermore, your business must implement appropriate security measures to safeguard customer data, such as encryption, firewalls, and regular vulnerability assessments. In the event of a data breach, your company has a legal obligation to notify the Information Commissioner’s Office (ICO) and affected individuals promptly.

3. Electronic Commerce Regulations 

The Electronic Commerce Regulations impose specific website legal requirements on eCommerce websites.  

Your eCommerce business must provide transparent information about its identity, including its legal name, geographical address, contact details and VAT details. This information should be easily accessible and prominently displayed on its website.

Moreover, eCommerce companies must display:

• information about any professional or trade associations they are a part of; and
• any relevant registration numbers or codes of conduct. 

This helps to build trust and credibility with consumers.

4. Accessibility and Discrimination Laws

Under the Equality Act 2010, eCommerce businesses should ensure their websites are accessible to individuals with disabilities.

This means providing features that accommodate individuals with visual or hearing impairments or other disabilities, allowing them to access and navigate the website effectively. Compliance with Web Content Accessibility Guidelines (WCAG) 2.1 at Level AA is considered best practice.

Additionally, businesses should avoid discriminatory practices on their websites.

UK Website Terms of Use

If your business has a website, you will need to provide terms and conditions of usage for your website’s users. These Website Terms of Use set out the rules for people using your website.

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5. Intellectual Property Rights

When designing your eCommerce platform, respecting and protecting Intellectual Property (IP) rights is crucial. This involves obtaining the necessary permissions and licences for any copyrighted materials used on the website, such as images, videos, or written content.

Using copyrighted materials without prior authorisation can result in legal action and substantial financial penalties. Therefore, your business should conduct thorough research to ensure that the content it uses does not infringe on the IP rights of others.

Furthermore, your eCommerce company should consider protecting its IP by registering trademarks, logos, and unique product designs. This can help prevent others from using or imitating their brand assets, ensuring exclusivity and building brand reputation.

Key Takeaways

Designing an eCommerce website in the UK involves more than just aesthetics and functionality. It requires careful attention to potential legal issues to ensure compliance with the relevant regulations. Additionally, it involves protecting the interests of your business and consumers.

By adhering to consumer contract regulations, data protection and privacy laws, electronic commerce regulations, accessibility requirements, and IP rights, your eCommerce business can establish a solid operational foundation and foster customer trust. By prioritising legal obligations from the initial stages of website design, your company can mitigate risks, avoid legal pitfalls, and create a secure and trustworthy online environment for its customers.

If you need legal advice regarding the design of your eCommerce business, our experienced e-commerce and online business lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.  

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