News & Events...
New Trading Disclosure Regulations for Websites
and Emails - 01/01/07
On 20 December 2006, SI 2006/3429, The Companies (Register, Languages and Trading Disclosures) Regulations 2006 was published.
With effect from 1 January 2007, the regulations require companies to state their registered name, place of registration, registered office address and company number on hard and soft copy correspondence, including on order forms, electronic communications and on its website. For websites, the specified information does not need to appear on every page but it is recommended to be included in the ‘Legal Information’ or ‘About Us’ section. Electronic communications include faxes, emails and text messages if sent in a business context.
It would be prudent to include a standard footer stating the required information at the end of all emails sent on company business. These requirements also apply to limited liability partnerships.
The directors and secretary of any company authorising the appearance of a website not complying with these requirements will be liable to a fine not exceeding the statutory maximum of £1,000.
Minimum information to be provided
Service providers, whether involved in e-commerce or not, should provide the following minimum information, which must be easily, directly and permanently accessible:
- The name of the service provider. This might differ from the trading name and any such difference should be explained – e.g. "XYZ.com is the trading name of XYZ Enterprises Limited."
- The email address of the service provider must be given. It is not sufficient to include a 'contact us' form without also providing an email address.
- The geographic address of the service provider must be given. A PO Box is unlikely to suffice as a geographic address; but a registered office address would. If the business is a company, the registered office address must be included in any event.
- If a company, the company's registration number should also be given.
- If a company, the place of registration should be stated (e.g. "XYZ Enterprises Limited is a company registered in England and Wales with company number 1234567") though this is a requirement of the Companies Act as from 31st December 2006, not the E-commerce Directive.
- If the business has a VAT number, it should be stated – even if the website is not being used for e-commerce transactions.
- If the business is a member of a trade or professional association, membership details, including any registration number, should be provided.
- Prices on the website must be clear and unambiguous. Also, state whether prices are inclusive of tax and delivery costs.
If you are a past or present client, Deckchair will add this information to your website for free. Simply call us on 0117 9299150 or email ollie@deckchair.co.uk now.