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Crazy New E-commerce Red Tape 1-Jan-07

New laws state companies must state details in Emails

         

Frank_Rizzo

10:14 pm on Dec 21, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Where the heck did this one come from?

"Companies in the UK must include certain regulatory information on their websites and in their email footers before 1st January 2007 or they will breach the Companies Act and risk a fine"

Basically, UK companies have to ensure there is proper notification of business details on a page on the site. That is fair enough - I and I'm sure others already do this but this new regulation also enforces that all emails must list company details!

"The information is likely to appear in the footer of every email sent from a company, to avoid having to decide whether each email amounts to a 'business letter' or not"

This is crazy. I have an automated system which can send out hundreds of thousands of email notifications a week (custom app). From 1-Jan I now have to add a footer stating the company no. addresses, vat no. etc.

What's the problem with it?

It's uneccessary and yet another roll of government red tape. I wonder home many jobs will be created to enforce this nonsense?

[edited by: Frank_Rizzo at 10:15 pm (utc) on Dec. 21, 2006]

Receptional

10:31 pm on Dec 21, 2006 (gmt 0)



This has always been the case - even before the Internet. People start companies and accept the legal responsibilities of directorships... but never actually read the laws they have to abide by...

In this case, the law is explicit. When you write a letter (communication\) on behalf of a company, technically you need to provide the recipent with certain details about who is sending them the communication. This used to manifest itself as a company registration number and director names on letter headed paper. This is still a legal requirement - although many companies ignore it, like London taxis ignore the legal requirement to carry a bale of Hay in theor cab!

The point remains, though, that if you are a limited company, you need to give the recipent of your communication the ability to identify who is behind the communication. I would imagine the limited companu name is fine in a moderm day - although the company numnber would help. then www.companieshouse.co.uk would provide the rest at the press of a button.

All you need to do to comply is a link to your website, which will contain the relevant information.

[edited by: Receptional at 10:34 pm (utc) on Dec. 21, 2006]

Frank_Rizzo

1:15 am on Dec 22, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Are you sure that a link to the 'legal requirements' page would suffice?

I know this is not really a big issue, but it does highlight how crazy this country has become.

Maybe not as crazy as taxi cabs having to carry a bale of hay - I'd like to see Ken Livingstone enforce that. But with modern times all it takes is one snotty recipient to note that your email does not have an appropriate footer and he's off emailing the relevant red tape afficionado.

If a potential customer emails me he should already now about me. He's read the sales pitch, the contact details so he knows I'm bona fida.

Now I have to reply...

Dear sir, thank you for your enquiry. We do have ABC in stock and can deliver Friday.

XYZ Ltd
1 High Street...
Reg No.....
Vat No.....

So what about a customer with a post sales technical support queery? I reply.

Dear sir, you need to click button A.

XYZ Ltd
1 High Street...
Reg No.....
Vat No.....

What about a customer who has mailed me dozens of times and is just wishing me a great new year?

Thank you Billy Bob, you have a great one too?

XYZ Ltd
1 High Street...
Reg No.....
Vat No.....

Now here's the beef. On my messageboard users who have selected notifications of messages get auto replies 'posted' by me:

Hey Sonny, a thread you have been watching has a new reply.

XYZ Ltd
1 High Street...
Reg No.....
Vat No.....

And what about simple messageboard registrations?

These would be individuals who would just want to chat and not bother with the e-commerce side:

Welcome to the Red Tape Cruncher Messageboard. Your account needs to be activated by administrator.

XYZ Ltd
1 High Street...
Reg No.....
Vat No.....

Hello Ricado. Your account is now activated!

XYZ Ltd
1 High Street...
Reg No.....
Vat No.....

Hello Ricado. Your requested your password be reset. Please click here.

XYZ Ltd
1 High Street...
Reg No.....
Vat No.....

See what I mean?

It's over the top and ridiculous.

[edited by: Frank_Rizzo at 1:19 am (utc) on Dec. 22, 2006]

Frank_Rizzo

1:21 am on Dec 22, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



BTW,

I have a dozen other sites which are not connected with the main site.

Some are just there for info and Adsense ads. Some are just there as hobby / information.

If any of my friends or associates email me about the site I have to reply:

You Tony. How's it hanging?

XYZ Ltd
1 High Street...
Reg No.....
Vat No.....

Frank_Rizzo

11:03 am on Dec 22, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Here's another one to consider:

What is the difference between an email and a messageboard posting?

Let's say my business is SEO and on a messageboard someone asks a question about SEO. I want to respond to that question so do I now have to give all my details in the message?

Hey Joe, you should start off optimising for google....

Frank Rizzo
(Sol Rosenberg, Director)

XYZ Ltd
1 High Street...
Reg No.....
Vat No.....

Where is the line between acting in a companies capacity and acting as an individual?

Receptional

11:34 am on Dec 22, 2006 (gmt 0)



Adding this info to all emails are not that onerous though. Most email systems have signatures - including Outlook Express - so the details are added by default if you switch the signature on.

The legal requirements for letterheads are:

Limited companies should have: company name, the country of registration (Emgland or Wales), the company registration number, the regostered office the address of its place of business, if different. There is no need to list the names of the company directors, but if you do, all must be shown. Invoices must show company name and VAT number if applicable

If you are NOT a limited company, you don't need to do any of this, but I am sure that a link to this data would be fine for the Internet - and nobody would bother running a test case on you or me imho.

I don't think the rules are particularly crazy. If you are trading, then the public has the right to know with whom they are doing business and how to sue you if you do something wrong. The Internet is no different - even with Adsense. What if an advert for porn appears next to content about the church? The church need to know how to send a cease and desist letter. You might say that's Google's problem, but you would be wrong - it's your site not theirs.

I am strongly against ID cards and invasions into personal provacy. But if you (as I do) protect yourself behind the relative sanctity of limited liability - that comes with responsibilities to society to be transparent.

The forum posting is very interesting though. On the whole, people post as individuals - not as companies. this is fine. Because my handle is also my business trademark, am I talking in a personal capacity or in a corporate capacity?

I have no idea - but most of the corporate bloggers out there (Matt Cutts from Google, Jeremy zadwotsisname from yahoo) all make it clear that they are talking in a personal capacity.

Frank_Rizzo

12:32 pm on Dec 22, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Sure I can turn on a signature in the email client and forget about this; yes it is sensible to list the legal requirements on a printed letter. But that's not the point!

This is an over the top red tape move from a government which thinks it can meddle with business in any way it chooses.

Adding a signature will take me about 10 seconds to set up - it's not going to waste me time, and it is not going to cost me anything.

What it will do is make me more formal and less user friendly than what I am now. It also creates uncertainty as I still do not know what to do about the auto notification emails I send out; what to do if I post on a messageboard; or what to do for the non business sites which I run.

We should not accept changes like this. It is a change for changes sake.

It would make far more sense for the government to crack down on spam and scam on the internet.

Can anyone tell me why as an individual I can report spam but as a company representative I can not.

e.g.

Spammer mails me at a personal account:

frank rizzo at someispaccount co uk

I can report that spam to the relevant authorities and the spammer could get fined.

But if the same spammer mails me in the office:

frank rizzo at widgets co uk

I can not report this as spam!

Receptional

12:44 pm on Dec 22, 2006 (gmt 0)



I don't think it is a change. It has always been (as Terry Pratchett might say)

I'm not sure where you originally got your info about Jan 1st, but I'd decided on this interpretation of the law a decade back.

Leosghost

12:53 pm on Dec 22, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



I agree with Receptional ..nothing onerous here ..and if you want to know what is and isnt permitted companies house is only a phonecall away and far more authoritative than asking here ..

BTW if you really want to see interfering and red tape for business ..just take the eurotunnel and get off on the french side ..where you even have to pay the government for the booklets that explains their red tape to you ..and your letter headings etc have to have far far more on each one ..as does your website and your business cards ..and we wont even go into what has to be on your invoices ..nor your tax returns ..

count your blessings Frank ..ask anyone in business my side of the channel ..it can be and is 1000 times worse ..

edited typos

BTW ..B2B spam here is absolutely legal ..most of it consists of the same few companies trying to sell you CD's with their data bases of other emails dresses to spam ..and our ISP's sell them our email addies so as they can send us their spam ..

[edited by: Leosghost at 1:00 pm (utc) on Dec. 22, 2006]

RailMan

1:01 pm on Dec 22, 2006 (gmt 0)

10+ Year Member



it's amazing that so many internet business owners are unaware of the laws that apply to them, or that they flout the law


It would make far more sense for the government to crack down on spam and scam on the internet.

isn't this exactly what the government are doing? surely they are protecting consumers and legitimate businesses? ok, it's not a lot, but it's a start - any company not displaying the correct information etc is probably scamming - the public will become aware in time ....

Frank_Rizzo

3:37 pm on Dec 22, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



You may have known about the law regarding businesses and company information legal requirements but I doubt you knew (until now) about the update to the legislation of 1985.

I had read about the changes for sometime. I believe back in the last budget earlier in the year it was mooted that there would be big changes such as removing the requirement to have a company secretary.

Things had gone quiet until yesterday I read that the update to the 1985 act is going to be rubber stamped thursday (yesterday) and law on 1-Jan-07.

out-law.com/page-7594

IMO this is a serious issue. Who was consulted about it? CBI, FSB? Again the information is vague and unecessary.

What next? Will I permanently have to wear a name badge stating my company details next time I play a round of golf with a client?

spam...

isn't this exactly what the government are doing? surely they are protecting consumers and legitimate businesses?

The spam laws here are crazy. It is ok for a spammer to email me as an employee of my company but not as an individual.

If I mail Tony Blair on his hotmail account and try to sell him a love potion I can be fined.

If I mail Tony Blair at his gov.uk account and try to sell him a love potion I will not be fined.

Blair did not opt in to either messages and yet one is legal and the other is not.

Spam is spam whoever it is sent to.

[edited by: Frank_Rizzo at 3:39 pm (utc) on Dec. 22, 2006]

Receptional

3:57 pm on Dec 22, 2006 (gmt 0)



As it says on the site you cite (terrible rhyming slang?)

Many companies do this already because the term 'business letters' was thought likely to include emails even without this new clarification.

That's me, that is.

Frank_Rizzo

4:25 pm on Dec 22, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Sure. But me mailing someone with a messageboard registration, a messageboard notification and the other examples I listed earlier IMO is not "a business letter".

Nigerian scammer registers on my messageboard with bad intent. I now have to reply with all my company details.

"Ohhh, bonus!"

oldpro

6:23 pm on Dec 22, 2006 (gmt 0)

10+ Year Member



regulation always leads to taxation

Essex_boy

6:58 pm on Dec 22, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



director names on letter headed paper - Not so you can either list them all or none at all.