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Beginners
How To Guide
eBusiness and Legal Considerations
At
the outset it is important to point out that this Basic
Guide does not constitute legal advice and is provided
for information purposes only. This Guide highlights
some of the basic legal consideration in relation to
eBusiness.
- You
are legally obliged to ensure that you have the
appropriate licences for the software that is installed
on your system.
- Ensure
that you back up all essential data and keep the
back up data in a safe location, preferably off
site.
- If
you commission software development, be sure you
correctly address the issue of who owns the copyright
in the software.
- Your
website makes you globally accessible; do not trade
in a country where the underlying transaction is
illegal according to local law and be careful about
trading in countries where the local laws could
impose conditions that are unfavourable to you.
- A
domain name does not afford the same level of protection
as a trademark. Trademarks can be registered in
Ireland or throughout the EU by means of a single
application. Remember, an Irish registered trademark
does not entitle you as of right to use that trademark
abroad.
- In
terms of customers using your website, be clear
about the point at which a binding contract is entered
into. Acceptance by the customer of your terms and
conditions should be recorded in a manner that can
be later accessed and understood.
- Provide
consumers with the necessary information on your
website that they are legally entitled to before
they place their order and remember that you must
perform the contract within 30 days (unless otherwise
agreed). If you do not the consumer can demand his/her
money back.
- The
following "prior information" must be
furnished to the customer to be able to enforce
a contract; your identity, the delivery costs, the
characteristics of the goods or services, the period
the prices remain valid and any extra charges that
may apply, before the contract is made.
- Your
customer then has a period of 7 working days to
cancel the contract with you without giving a reason.
If you fail to provide the necessary "prior
information" the 7 working day cooling off
period is extended to 3 months.
- Legally
unsolicited email communication (spam) must be clearly
identified as such, preferably in the subject line
of the email. If you use email for that purpose
you must be identifiable and you must allow recipients
to opt out from further communication.
- Under
Data Protection legislation, you need to keep certain
personal information safe and secure. You may also
have to register with the Data Commissioners office.
Check out www.dataprivacy.ie
-
Customers in other EU member states that buy from
a business based in Ireland can choose between suing
the business either in Ireland or in their home
state. They can then seek to enforce any judgement
obtained against you through the Irish courts.
-
Irish businesses may only sue customers based in
the EU, in their home state.
- If
you do not provide formal guidelines and apply these,
individual employees can use ICT with potentially
serious consequences for you, such as:
-
Unforeseen contractual commitments.
-
Defamation.
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Bullying and harassment.
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Cybercrime.
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Breach of third party copyright.
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Breach of Data Protection legislation.
For
more information on eBusiness-related legal issues,
check out
The Advanced How To Guide
on eBusiness Law in Ireland
The Advanced
How To Guide on Developing Website
Privacy Policy
The
Advanced How To Guide on Internal
IT Security Policy and Procedures
Also,
www.dataprivacy.ie
www.basis.ie
www.kilroys.ie |
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