The rapid assimilation by the business world of the 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 development of E-Law has been the introduction of 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 responsible 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, Tony Hatton or Carl Selby.
