The rapid assimilation by business of the new electronic technologies has affected the way most organisations conduct their business. For some the change has been totally transforming, for others the effect is more marginal, but almost all businesses have made some changes to their operational practices.
A good deal of relevant legislation is now in place to cover these new ways of transacting trade and commerce.
In parallel with the development of this "e-Law" new legislation has been introduced on Data Protection.
As with any area of law, ignorance is no defence and all businesses must take steps to become aware of the legislation and to ensure they are in compliance.
It is an offence to process data without being registered (unless you fall into an exempt category).
Whether or not you need to register, your organisation must comply with the Data Protection Act 1998. This means, amongst other things, that you:
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 where a product is ordered via 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.
A sale does not have to be transacted electronically to be counted as a distance sale - for example, a transaction by post using a coupon in a catalogue or other publication, is a distance sale.
Employees of many organisations now have access to the Internet directly from their own work stations, and use e-mail to communicate with colleagues inside the organisation and with other individuals outside.
The question of in appropriate 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 e-mails sent by its employees, internally or externally?
These and other issues need to be understood by employers in order to run their businesses efficiently, effectively, and within the law.
For further information please contact Mark Roome or Jon Dunkley.