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PRECEDENTS
Policy version: [insert date of this policy][—for previous versions of this policy see here ]. [Insert website] (our website) is provided by [insert name and description of website operator] [trading as [insert trading name, if different]] (‘we’, ‘our’ or ‘us’). We are the controller of personal data obtained via our website, meaning we are the organisation legally responsible for deciding how and for what purposes it is used. We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share any information relating to you (your personal data) in connection with your use of our website. It also explains your rights in relation to your personal data and how to contact us or a relevant regulator in the event you have a complaint. We collect, use and are responsible for certain personal data about you. When we do so we are subject to the United Kingdom General Data Protection Regulation (UK GDPR). [Given the nature of our website, we do not expect to
CHECKLISTS
This Checklist sets out the essential points that should be considered when drafting or updating online terms and conditions for the supply of digital content to consumers. It should be used where a lawyer wants to make sure that such terms and conditions comply with consumer protection legislation (and any guidance issued under it). This Checklist should be used in addition to the following: • Key consumer information requirements—checklist • Information requirements under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—checklist • Consumer cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—Digital Content—Flowchart • General information to be disclosed on a digital commerce website—checklist • Drafting consumer contracts—checklist For a discussion on the key legal issues to consider when designing and developing a business-to-consumer (B2C) digital commerce website for trading with consumers, see Practice Note: Business-to-consumer digital commerce—forming contracts online. Introduction Businesses that transact with consumers are subject to more onerous legislative requirements and, consequently, need to pay close attention to their terms and
CHECKLISTS
This Checklist sets out the essential points that should be considered when drafting or updating online terms and conditions for the supply of goods to consumers. It should be used where a lawyer wants to make sure that such terms and conditions comply with consumer protection legislation (and any guidance issued under it). This Checklist should be used in addition to the following: • Key consumer information requirements—checklist • Information requirements under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—checklist • Consumer cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—Goods—Flowchart • General information to be disclosed on a digital commerce website—checklist • Drafting consumer contracts—checklist For a discussion on the key legal issues to consider when designing and developing a business-to-consumer (B2C) digital commerce website for trading with consumers, see Practice Note: Business-to-consumer digital commerce—forming contracts online. Introduction Businesses that transact with consumers are subject to more onerous legislative requirements and, consequently, need to pay close attention to their terms and conditions and marketing materials. Under
CHECKLISTS
This Checklist sets out the essential points that should be considered when drafting or updating online terms and conditions for the supply of services to consumers. It should be used where a lawyer wants to make sure that such terms and conditions comply with consumer protection legislation (and any guidance issued under it). This Checklist should be used in addition to the following: • Key consumer information requirements—checklist • Information requirements under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—checklist • Consumer cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—Services—Flowchart • General information to be disclosed on a digital commerce website—checklist • Drafting consumer contracts—checklist For a discussion on the key legal issues to consider when designing and developing a business-to-consumer (B2C) digital commerce website for trading with consumers, see Practice Note: Business-to-consumer digital commerce—forming contracts online. Introduction Businesses that transact with consumers are subject to more onerous legislative requirements and, consequently, need to pay close attention to their terms and conditions and marketing materials. Under
PRECEDENTS
1 About our terms 1.1 These terms and conditions of use (Terms) govern your access to and use of this website[ and any related apps or digital services we provide free of charge] (Site). 1.2 These Terms apply between [insert name of trader] (we, us or our) and you, the person accessing or using the Site (you or your). 1.3 You should read these Terms carefully before using the Site. By using the Site or otherwise indicating your consent to them, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Site immediately. 1.4 These Terms apply to any parts of the Site, its functionality and content provided to you free of charge for information[ or entertainment] purposes only. They do not govern the sale and supply of goods, services or digital content (Products) you buy from us[ (or from third parties)] through the Site. Product purchases are governed by separate terms (Terms of Sale) which are available here: [insert link to T&Cs and any other related policies, such as a returns policy].
PRECEDENTS
1 About our terms 1.1 These terms and conditions of use (Terms) govern your access to and use of this website[ and any related apps or digital services we provide free of charge] (Site). 1.2 These Terms apply between [insert name of website provider] (we, us or our) and you, the person accessing or using the Site (you or your). 1.3 You should read these Terms carefully before using the Site. By using the Site or otherwise indicating your consent to them, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Site immediately. 1.4 These Terms apply to any parts of the Site, its functionality and content provided to you free of charge for information[ or entertainment] purposes only. 1.5 Your use of the Site is also subject to: [insert links to relevant terms such as privacy notice or cookie policy]. 2 About us and contact information 2.1 We are [insert name of website provider][ (trading as [insert trading name])], a company registered in England and Wales under company registration number
PRECEDENTS
1 About our terms 1.1 These terms and conditions of use (Terms) govern your access to and use of this website (Site). 1.2 These Terms apply between [insert name of website provider] (we, us or our) and you, the person accessing or using the Site (you or your). 1.3 You should read these Terms carefully before using the Site. By using the Site or otherwise indicating your consent to them, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Site immediately. 1.4 These Terms apply to any parts of the Site, its functionality and content provided to you free of charge for information[ or entertainment] purposes only. 1.5 Your use of the Site is also subject to: [insert links to relevant terms such as acceptable use policy, privacy notice or cookie policy]. 2 About us and contact information 2.1 We are [insert name of website provider][ (trading as [insert trading name])], a company registered in England and Wales under company registration number [insert]. Our registered office is at [insert address]. Our VAT registration number
FLOWCHARTS
This is a Flowchart highlighting general regulatory and contractual issues when building or operating a website. Overview—consider legal rules and contractual requirements Part 1—intellectual property and brand considerations Domain names and brand protection Other intellectual property rights Transferring rights in websites Domain names—overview Practice Note: Intellectual property rights considerations for websites Practice Note: Licensing intellectual property rights Practice Note: Domain names—background, registration and dispute resolution Practice Note: Copyright―protectable works Practice Note: Assigning intellectual property rights Practice Note: Uniform Domain Name Dispute Resolution Policy (UDRP) process Practice Note: Copyright in databases and database right Practice Note: Domain name transfer (.com) Practice Note: Nominet Dispute Resolution Service (DRS) Practice Note:
PRACTICE NOTES
Consideration of electronic data interchange (EDI) arrangements, blockchain, smart contracts or sector-specific laws or regulations, including those applicable to financial services, intermediation services or online auctions, is beyond the scope of this Practice Note. For an introduction to EDI and smart contracts, see Practice Notes: Digital commerce—introduction and Smart legal contracts. For guidance on blockchain, see: Blockchain—overview and Practice Note: Blockchain—key legal and regulatory issues. The type and functionality of the website The compliance requirements and applicable rules and regulations for a website will depend on the nature of the website and its functionality or purpose. As a first step, the website operator should identify the nature of the website to be offered and the proposed scope of its functionality. For example: • will the website be an ‘information only’ site? • will it be a platform for third parties to upload information or content or carry out transactions? • will it provide a service? • will it conduct transactions? • will it be targeted at consumers or businesses (or businesses providing services to consumers)? • will any aspect
PRECEDENTS
1 Review Name of person(s) conducting review [Insert name(s)] Date of review [Insert date] Number of files/pages added in the review
GLOSSARY
means any period of seven consecutive Days;
NEWS
This round-up includes details of publications made by Specialised Committees established by the EU-UK Trade and Cooperation Agreement (TCA) for the period from 11 to 18 December 2024.