22 July 2010
A newly incorporated company approached Business Link with the idea of launching an online travel service. They instructed me to advise it on the applicable law and to draft his website access terms, privacy statement and terms and conditions of service.
I advised the company on its rights and liabilities under English and EC law drawing its attention specifically to:
– The Consumer Protection (Distance Selling) Regulations 2000 as amended;
– The Electronic Commerce (EC Directive) Regulations 2002
– The Data Protection Act 1998 and secondary legislation
– The Privacy and Electronic Communications (EC Directive) Regulations 2003.
I advised it on the US long arm statutes and on the circumstances in which a foreign company can be said to be carrying on business within the US through its website.
I drafted a privacy code based on the OECD model and website access terms tailored to meet the client’s needs. I drafted terms and condition for carrying on business in Europe and referred the client to a US law firm could advise it further.
Finally, I advised the client on trade marks and branding and gave it the names of three reliable trade mark attorneys.