LEGAL ROOM
This page is used to inform you of legal issues related to eBusiness. The information is offered as guidance only
and you should ensure that you consult your own advisers before taking action
based on the content of this site.
Freedom of Information Act
The Freedom of Information Act (Scotland) 2002 enables any person to obtain information from Scottish public authorities. This is a legal right and will ensure that all people get information to which they are entitled.
This legal right of access includes all types of ‘recorded’ information of any date held by Scottish public authorities. From 2005 any person who makes a request for information must be provided with it, subject to certain conditions.
At the request of some clients we have started to prepare specific briefings
on this subject. If you would like to be included in that work please contact
Bernie Vincent by clicking here.
Online Legal Issues: Free Publications
The UK online for business publications have been modified, where applicable,
for Scottish Law. The following documents are available from the
Scottish Enterprise site - just click the individual line or the image below.
Telephone Preference Service
Since June 2004 corporate subscribers have been able to register the telephone numbers that they do not wish
to receive unsolicited direct marketing calls. It is also a legal obligation for anyone making direct marketing calls to
ensure they do not call corporate subscribers who have registered their wish
not to be called.
For information and registration click: TPS
(You will find that the registration screen splits the telephone number into categories that most of us have never heard of. The area code box is fine, but the number field will only accept 4 digits – if you enter the last 4 digits in field 3 and the previous ones in field 2, you will see on later screens that it works OK.)
'Do Not E-Mail' List Scam
The US Federal Trade Commission has issued a warning about a scam that offers
to include your business in a 'National Do Not E-Mail' register. Whilst there
are US and UK authorities who seek to reduce the amount of phone and fax
messages and there are Spam laws in both countries, there is no such thing as
a register to block email messages.
More
details...
Landmark Legal Ruling on Domain Ownership
In a landmark case, the 9th US Circuit Court of Appeals has just stated that domain names, despite their virtual nature, should be treated exactly as a "plot of land" would be.
(August 2003)
Full article...
Internet Yellow Pages
'Yellow Pages' is a term that is being used by more than the physical and
online directory that UK readers are familiar with. Managing offers from
publishers is one of those tasks that is fraught with cost danger.
One of the current round of Internet directories seeking entries is a German
site which is offering free entries at the click of a couple of buttons.
But read the Terms and you will find that the free entry is for 2 years; you
have no right of cancel the contract without paying a removal fee; and there
is an escalating scale of charges for chasing the 'debt'. (April 2003)
Domain Name Registration Scam
We are getting lots of calls and emails from businesses who have received
letters from a London-based company that are issuing professionally printed
letters, with payment slips, extolling holders of .co.uk domains to register
the .com equivalent.
Whilst we agree that for some businesses, holding both versions can make
sense, the charges proposed by this company are up to 10 times the
normal commercial rate.
We have also had reports of an email which purports to be a reminder renewal
about a small subscription to a very likely-sounding search engine
service. Even experienced web developers have had to double check this
one.
Please do not be taken in by these letters and emails. Contact us if you need advice. (February 2003)
.uk.co Domains Disappear
Thousands of UK businesses have lost access to their web sites and email after
their domain names were rendered useless.
Net Registrar, the UK operator of the .uk.co domain names, has failed to
achieve reactivation of thousands of websites that have vanished from the
internet after the domain name administrator - the University de los Andes,
Columbia - shut down the domains.
Legal action is being pursued by Net Register, who have been quoted as
describing the university's
move was an "unmitigated disaster" for both the company and its
customers.
This situation highlights the problems in dealing "second-level"
domains that have been created more or less as a money making venture.
No matter what safeguards there may be in contracts, it is unlikely that
companies hit by this type of problem will get full redress for the disruption
to their business. (February 2003)
Data Protection: Snooping on staff to be banned.
Covert surveillance of email and Internet use is seen as illegal except in
cases of suspected criminal activity, under a draft code of practice issued by
the government body responsible for data protection. But, even when staff are
told that they will be monitored, a specific business purpose must be
established and an assessment of the impact on privacy made.
Trade unions have welcomed the code, but bodies representing employers have
criticised the guidelines as unrealistic and far too biased towards the
employee.
The guidelines can be downloaded here:
http://www.dataprotection.gov.uk/dpr/dpdoc.nsf
Internet abuse tops workforce disciplinary list
Email and internet abuse has become the biggest workplace
disciplinary issue according to a new survey.
In the past 12 months, the number of disciplinary cases for email and internet
abuse at work exceeded those for dishonesty, violence and health & safety
breaches combined! Sending pornographic emails emerged as one of the top three
reasons for sacking, with nearly 40% of disciplinary cases resulting in
dismissal.
Source: Computing Magazine
Software Licensing: New police powers
The police now have the power to raid businesses suspected of using unlicensed
software. Under the Copyright Design and Patents Act 2002, businesses
can be fined up to £5,000 per item and risk potentially damaging publicity.
But a recent survey by Computer Weekly/Harvey Nash shows that only 13% of IT
managers plan to review their software licensing procedures. This leaves
87% believing that their procedures are sound or presumably they say "It
won't happen to me?"
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