If you are a retailer seeking to widen your client base with an online presence, it is important to be aware that your website must adhere to certain legal requirements.

So, before you begin trading online within the United Kingdom, Andrew Dongworth, Company and Commercial Solicitor at HRJ Foreman Laws Solicitors in Hertfordshire, provides his top five legal considerations.

According to Statista, in 2020, as many as “87 percent of UK households made online purchases within the preceding 12 months, making this the highest online purchase penetration rate in the country in the past 11 years.”

Your company information – Your company must be legitimately registered within England and Wales, Scotland or Northern Ireland. Ensure your company name isn’t already in use or trademarked by another business. Anyone visiting your website should be able to easily find your registered business name, contact details and a business address.

Data protection – Any data you obtain about any visitor to your website is protected by law. You must ensure you are adhering to the GDPR and data protection laws. This includes an up-to-date cookie policy and privacy policy which is easily accessible and is accepted by your customers. Avoid the temptation of copying or reusing cookie and privacy policy templates. They need to be specific to your business and your clients.

Payment protection – There are strict guidelines set out in the Payment Card Industry Data Security Standard. It is likely you will use a third-party payment platform who will take care of this on your behalf. However you will still need to install the appropriate firewalls, purchase an SSL certificate and anti-virus software and ensure you have a secure password system in place.

Consumer protection – You have a legal obligation to provide a detailed and accurate description of your goods or services, prices, delivery arrangements, cancellation policy, returns policy, the terms and conditions of sale and a clear complaints procedure. The information should be easily accessed by any visitor to your site. Make them as explicit as possible and ensure your customer accepts your terms and conditions, perhaps by ticking a box, before finalising the transaction. When your terms have been accepted you must then confirm your acceptance of the clients offer in writing (usually via email).

Your customers have a statutory right to cancel their order within a certain time period, return faulty goods and request replacement products.

Again we strongly advise against copying another company policy or using a free version downloaded online. Your policy should be specific to your business to protect you and your customers in the event of a dispute.

Industry regulations – As well as the legislation for all business owners, it is important to check and comply with any specific rules and regulations for your industry or type of business. These will still apply to online trading.

For more background information visit the government website here – https://www.gov.uk/online-and-distance-selling-for-businesses

To get professional support with your legal documents contact one of our Company and Commercial Solicitors on Hitchin 01462 458711, Welwyn Garden City 01707 887 700, London 0203 327 9001, or email info@hrjforemanlaws.co.uk, or complete our online enquiry form – https://www.hrjforemanlaws.co.uk/contact/how-to-find-us.

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