Reynolds Parry Jones Solicitors

The rapid assimilation by the business world of the new electronic technologies has affected the way that most organisations conduct their business. For some, the change has been transforming, for others the effect is more marginal but almost all have made changes to their operational practices.

The law has not been slow to catch up and a good deal of legislation is now in place.

In parallel with the developmemt of E-Law has been the introduction of new legislation on Data Protection.

As with any area of commercial law, all firms must make themselves aware of the main provisions, to ensure that they comply.

Data Protection

It is an offence to process data without being registered, unless you fall within one of the categories of exemption from registration.

Whether or not you need to register, your organisation must comply with the Data Protection Act 1998.

This means, amongst other things, that you:

Have a policy for processing data

Train staff in handling sensitive data

Appoint a reponsible person to ensure compliance with the legislation

Obtain explicit consent from customers and/or employees to holding sensitive data

Obtain consent for direct marketing

Keep data secure

Only transfer data overseas to "permitted" countries

Distance Selling Regulations

These regulations relate to sales transactions where the contract of sale has been conducted "at a distance" - for example, where a product or service is ordered by telephone, with or without human intervention (e.g. by automatic calling machine), or via an e-mail over the internet.

Sales contracts of this nature impose duties and potential liabilities on the seller of the product or service as well as giving rights to the purchaser.

Clearly companies need to be aware of both these duties and rights.

A sale does not have to be conducted via "electronic means" to be counted as a distance sale - a transaction by post using a coupon in a catalogue or other publication, will be a distance sale.

E-Mail Policy

Employees of many organisations now have access to the internet directly from their own work stations and use e-mails to communicate both with colleagues within the organisation and with others outside.

The question of inappropriate use of these facilities has to be considered by employers.

To what extent can an employer dictate to its employees how the facilities are to be used? What rights does the employer have to monitor their employees' use of the internet and e-mails?

Basically the law allows employers to monitor their employees but this is subject to conditions.

Our aims are focused on you, and we endeavour to achieve a high level of client satisfaction by ensuring that your needs and expectations are fully met.

For further information please contact Julian Scrace or Tony Hatton.

Reynolds Parry Jones Solicitors, 10 Easton Street, High Wycombe, Bucks HP11 1NP
Tel: +44 (0)1494 525941 Fax: +44 (0)1494 530701 partners@rpj.uk.com