Your new website is designed, developed, tested and about to launch – here are five things you should consider before you go live.

#1 – Trade Marks

Have you registered your trademarks? The registration system is a “first come, first served” system, so ideally you would register your trade name and logos before you start trading to avoid later disappointment.

Registration is an important step towards securing your brand and its reputation. It prevents others from using branding that exploits the reputation your company has built up. If you do not register your trademarks, you will have to rely on common law rights in the event of an infringement.

You should also consider whether you own the copyright or hold appropriate licences for the use of any logos displayed on your website.

#2 – Copyright

Who owns it? The general rule is that the first owner of a copyright work will be the author of the work.

This means that where you have employed third parties to assist with the design or development of your website, they will own copyright in the elements they created unless this is assigned to you.

Wherever possible, it is best practice to negotiate the assignment with your contractors before work commences as you will be in a stronger bargaining position. However, it is still possible for rights to be assigned after completion.

#3 – Data Protection

Is your website privacy policy up to date? A website is your public face so it is important to get this right otherwise you risk complaints being made to the Information Commissioner’s Office (ICO).
Businesses are required to provide individuals with certain information when they collect their data. For example, if you have a “contact us” function on your website or use cookies, it is important that you have a compliant privacy policy and cookie notice in place – even if you do not sell online.

These documents form part of a larger picture of website compliance, under which you may also wish to consider the terms and conditions of use of your website and acceptable use policy.

#4 – Consumer Rights

If you are selling to consumers via your website, you need to be aware of, and compliant with, the Consumer Rights Act 2015. Consumers are considered to be vulnerable when purchasing goods or services online. This legislation steps in to ensure that they have enough information about what they are purchasing, how much it costs, whether they can cancel or return an order and how the goods or services will be delivered/performed.

At first sight, the requirements of the CRA 2015 may seem numerous and onerous, but in practice, they reflect the minimum standards we would all expect to be met when purchasing goods or services as consumers ourselves.

Thomas Chartres-Moore’s article on the topic explores how compliance can give you a competitive advantage.

# 5 – Advertising

Advertising is an important part of the marketing mix for business and provides a chance for you to be in control of your brand message. It can also feel like a bit of a minefield. Whether it is ensuring that you have appropriate agreements in place with those companies whose products and services you may advertise on your website (and vice versa), or ensuring your advertising is legal, here’s what you need to know.

It is often wise to err on the side of caution. All advertising in the UK must be done in a way that is decent, legal, truthful and socially responsible. You should consider who your audience are and whether your adverts are misleading or offensive. Remember, there are also specific regulations which apply to the advertisement of certain products such as food, alcohol, beauty products and tobacco products.

If you are not sure whether your website and business are currently compliant, you may wish to consider our IP MOT service. We offer several levels of service and the entry-level IP MOT is without charge or obligation.