Blog posts in Law

Are you legal and decent?

Like every area of business these days, there’s lots of red tape and ecommerce has its own rules and regulations. Just remember, though, it’s up to you to comply with the law. Here are my tips to help you ensure your online store meets UK regulations.

1 VAT
If your annual revenue exceeds £68,000 you must be VAT registered. If you're below this threshold, you don't have to worry about charging VAT and it would actually be against the law to do so. There are some finer points to be aware of, too. For instance, if your products are a mixture of those requiring VAT to be charged, and those exempt from VAT, VAT charged on shipping should be in proportion. Make sure your ecommerce solution can handle all of the tax rules.

2 US import rules
The UK is part of the EU, obviously, so we’re bound by its rules. It’s not the same when handling US orders. The individual US states might want to charge tax on sales into their area, but it’s their responsibility to levy this tax. You don’t have to charge this “use tax”, which is between the buyer and the state where they live. As a UK business, you can sell into the US tax free – but you should make your customers aware that they may be charged tax on the goods when they’re imported.

3 EU Distance Selling Directive
Under this Directive, you must provide full contact details – including an address, phone number, email and company and VAT registration numbers – where applicable. Do it anyway – it helps to build trust.

The same Directive dictates that you must accept return of any items purchased within seven working days and failing to inform buyers of their rights has penalties. But why not make this a selling point?

4 Data Protection
You must register with the Information Commissioner’s Office if you hold data on people (eg customers). Registering takes some time and effort, but is inexpensive and fairly straight forward.

5 Email opt-in
If you want to email newsletters or offers to prospective customers, you must gain their consent in the form of a statement that the customers agree to receive communications. You must also give them an option to decline.

Emails involved in fulfilling orders or answering specific sales enquiries do not need this provision. When you send marketing messages there must be a free method of opting out each time you send an email. This itself can be by email. The regulations apply to communications with individuals, not businesses.

6 Disability legislation
Since 2004, by law, businesses have had to take “reasonable” steps to provide access to people with disabilities – and this includes your website. Ensure all images have alternate text tags, so visually impaired people can still navigate your site.

7 Libel on social media
Libel laws also apply to blogs, Twitter, Faceback, etc. Remember also that your words remain on record forever – so think before you type that competitor put-down.

8 PCI DSS
Protecting payment card data is crucial and the banks require compliance under the Payment Card Industry Data Security Standard (PCI DSS). Compliance is compulsory for anyone who accepts and stores debit/credit card details either on computer or on paper.
More information on PCI DSS can be found at https://www.pcisecuritystandards.org.

You can meet PCI DSS in one of two ways:

• Use a payment service provider (PSP) such as PayPal, WorldPay or Actinic Payments (if you use my company’s shopping cart). Your customers and employees only ever enter card details into the site of the PSP. That way, the PSP does most of the worrying about compliance and you are left with some straight forward actions. This is the best option for small retailers.
• Make your own infrastructure fully compliant. This is a difficult route and for the majority of smaller businesses, achieving proper compliance will probably not be practical or cost-effective. The total one-off cost is likely to exceed £45,000 plus ongoing fees.

9 3D Secure
3D Secure – known as “Verified by Visa” and “Mastercard SecureCode” – is a sort of online chip and PIN system. Online buyers are prompted to enter a password whenever they use their card. The password is sent directly to Visa or Mastercard and they approve the transaction (or decline). This is gradually becoming compulsory and you should consult your bank and PSP on how to comply.

10 Let the world know
Finally, assuming you are legal and decent, let the world know. Anything that adds to your credibility will help you online, so list all of the things that you have done under the heading “We comply with the following legal and tax regulations”.

If you are a start-up, these rules may seem to big a mountain to climb. But there are two things to remember. Firstly, do your best to comply. Secondly, if you’re correctly challenged, then immediately take corrective measures. With the exception of VAT transgressions, in most cases this will be enough to avoid business damage or prosecution.

How much freedom is too much freedom?

Nasty Nick Griffin’s much-publicised appearance on Question Time raised a lot of questions, namely about democracy and freedom of speech, and about how much freedom is too much when your views just happen to be fascist.

Pay attention employers, because these uncomfortable questions may be closer to home than you think.

The media has started its own debate over the BBC’s invitation to Griffin to join other, mainstream politicians on its flagship current affairs programme; The Guardian claims the BNP is losing the support of even its own loyalists over Griffin’s performance, while The Telegraph insists the programme has given the party a platform from which to ensnare new supporters.

Either way, the BNP has upset and enraged a lot of people in the last few days alone, with its anti-almost-everybody viewpoints. Democracy is democracy, and you can’t ignore that more than a handful of people are putting their crosses in the BNP box, but it is a challenge for every one of us to decide how to deal with this.

Look a little deeper and there are parallels here with the workplace. How far should you allow your employees to discuss their religious, social or political views in the workplace, if there is a risk that they could seriously upset other people with them?

Luckily, as a business owner, there is a more clearly defined line for you to draw, partly because your employees have not been elected or recruited on their personal policies, although healthy debate can benefit your business in many ways.

While your staff obviously have a human right to manifest their beliefs and express their opinions, you must keep a beady eye out to ensure that what they express does not discriminate against or undermine other employees. It may be unlikely that you have a BNP activist in your midst, but any viewpoint that undermines someone based on their gender, age, race or religion, or simply makes them feel uncomfortable, can have serious consequences.

Aside from a dent in your team’s morale, constant controversial comments or an over-zealous employee trying to convert people to their religion or cause can lead to staff absence or legal claims of discrimination or harassment, both of which can be expensive and damaging.

Speaking to Acas equality specialist, Steve Williams, recently, I found out that employers can protect their business from these perils by including some pointers in their HR policy, and by having a quiet word with anyone that breaches them.

“Emphasise that discussion is welcome but that it must not be used to oppress or discriminate against other staff,” he adds. “Spell it out — for example, it is acceptable for an employee to mention that they go to church or campaign for the Green Party, but if they start pressurising other people, that isn’t.”

On the bright side, Williams told me that most employees have an “innate sense” of where the line should be drawn with regard to other people’s feelings, and would soon apologise if they realised they had overstepped it. If we are to take his word for it, there’s a good chance you will never be faced with this complex problem. Nevertheless, in the face of an increasingly re-politicised population, you should be well-prepared.