Vertex Law

e-commerce website checklist

by Irfan Baluch

Irfan Baluch of the Technology & Media Team at Vertex Law highlights what you should consider when setting up an e-commerce website.

Whilst setting up an e-commerce website is often viewed as a quick and easy way to get your products and services out in the marketplace; there are a number of fundamental elements which should be addressed and resolved before you venture on-line.

This handy downloadable schematic highlights some key legal and commercial issues that are often overlooked in the rush to start trading and which can have very serious consequences both legally and commercially if they are not dealt with properly during the initial stages.

Website content and infrastructure

• Website Development Agreement / ownership of Intellectual Property / Development timeline / Functional Specification / Content & Structure
• Website Maintenance Agreement / Up-Time & Functionality / Disability Discrimination Act compliance
• Website Security / Encryption / Secure Sockets Layer Certificate
• Website Content Management System / Services
• Website Hosting Agreement for an e-commerce site / Up-Time
• Advertising / Promotion / Search Engine Optimisation / avoid 3rd party trademark infringement / on-line defamation / libel
• Terms & Conditions of use / Jurisdiction / Disclaimer

Transactional issues

• Customers wanting to purchase merchandise / services
• e-Commerce Terms & Conditions of business / Jurisdiction / Consumers / B2B / returns / faulty goods
• Formalities of online contract formation / Compliance with Distance Selling & e-Commerce Regulations

Data

• Privacy Policy / Data Capture & Sharing
• Data Protection Act / Privacy and Electronic Communications Regulations
• External site linking / Activity reporting

Payment & delivery

• Debit / Credit Card / payment processing arrangements
• Delivery / Courier / Royal Mail / Collection / Returns
• Customer Service / Postcode lookup licence

Finances & administration

• Specific sector / industry regulatory approval
• Trading entity / NewCo / on/off shore
• Bank Account / VAT / Tax registration
• Insurance

Supply chain / manufacture

• Agreements with:
  Distributors / Suppliers / Manufacturers
• 3rd party trademark licensors