Online

From privacy, data security and cookies to ensuring your website complies with international law, BPE has a team of dedicated e-commerce and online experts.

Online trading & e-commerce

Compliance with consumer rights & unfair trading regulations

It is important that your website be compliant with consumer rights and unfair trading regulations. Our team can review the website and advise on any requirements to ensure it complies with consumer law.

Privacy, data security & cookies

Does your website comply with privacy and data security requirements and rules on using cookies? You are legally required to tell your visitors about the use of cookies or any other tracking technology.

We can talk you through the options and help you draft privacy and data security and cookie policies.

Ensuring you own your domain name, website and content

We work with a wide range of clients, from start ups to high profile brands, advising on all aspects from trade mark and domain name registration, brand management to international protection and IP litigation.

With wide-ranging global expertise, our team can support you with business issues arising both in the UK and overseas whether commercial challenges or those posed by infringers and counterfeit products.

Your brand is your business and so a very precious commodity. Once you've decided upon a name for your business it's important to check that you're not inadvertently copying someone else's name, and then trademarking it.

The best way to avoid infringing on someone's trademark rights is to research, research, and more research. Some new businesses don't undertake a trademark search thinking that owning a company name or domain name registration is enough. Unfortunately, you usually find out that you're infringing someone else's trademark, after you've spent considerable time and money on branding, marketing and building up your reputation.

We can help. From patents to trademarks, copyright infringement to IP litigation, our wide-ranging global expertise means your brand is in safe hands.

Disability and equality requirements

All business websites should be accessible to disabled users under UK law. If your website does not comply, you could be sued for discrimination.

We can advise on how best to make your website compliant, so access is enjoyed by everyone.

Website terms of use

There is a requirement for businesses to disclose certain information on their websites to protect the interests of their customers. Failure to comply can lead to action being taken by consumer protection organisations.  BPE can help you to review and draft your website terms and conditions and content to make sure you comply to the required legislation.

Keeping control of business domain names

There's a number of legal implications to consider when setting up a website to promote your business or to sell products via an e-commerce site. Firstly it's important to make sure the business owns the domain name, instead of an individual. If the individual leaves the business for any reason it could cause problems. 

Ensuring you have registered trademark that corresponds to your domain name will ensure third parties cannot use a similar name and register a different version of your domain.

BPE can help you to set up and review your domain names.

Does your website comply with international law?

It's important to ensure your website complies with international law particularly concerning electronic and online uses of personal data.

BPE's Commercial team can review your website and advise on any requirements to make sure it complies with international law.

Domain name dispute

Domain names are the virtual gateway to millions of businesses wide world. Once thought to be a waste of money, domain names are now recognised as a highly valuable asset. They are at the centre of brand development strategies and can increase traffic and visibility of online presence within hours if marketed properly.

The race to register the next million-dollar .com means that valuable names get snapped up rapidly, often with the intension to hold it to another person's ransom or to frustrate the business of another.

Disputes arising from abusive registrations of domain names (also known as cybersquatting) are governed by the Uniform Domain Name Dispute Resolution Policy.

We have over 15 years of experience dealing with domain name disputes, from drafting formal complaints with approved dispute-resolution service providers, to drafting responses to complaints concerning the recovery or prevention of a domain name.

e-commerce and online disputes

It's inevitable that the number of online disputes has risen over the past few years due to the dramatic rise and use of e-commerce stores. If you are facing an online dispute or want to bring a dispute relating to use of a trade mark online, defamation, or copyright infringement, interference with a business, problems with an online service provider metatag abuse or AdWords infringement, please get in touch.

Setting up escrows

Escrow is where money or goods are deposited with an independent, trusted, third party, known as an escrow agent, who holds them until the terms of an escrow agreement have been performed. We have a great deal of experience in drafting escrow agreements as well as advising clients on agreements drafted by others.

We can also support clients with software escrow, where the vital software your business uses is held securely by a third party, so if the licensor goes out of business you can obtain the source code and host the software yourself, guaranteeing continued use of the software.

Is my website legally compliant?

There's a number of legal implications to consider when  setting up a website to promote your business or to sell products via an e-commerce site.  Firstly making sure the business owns the domain name instead of an individual is important.  If the individual leaves the business for any reason it could cause problems.

Ensuring you have registered a trademark that corresponds to your domain name will ensure third parties cannot use a similar name and registering different version of your domain and gives you added protection.

We can help you with:

  • Website content - copyright issues
  • Disability Discrimination Compliance - your site must be user-friendly to those with visual impairment and other disabilities
  • Contracts - if you sell goods or services you must have an agreed set of Terms & Conditions
  • Display of Mandatory Information
  • Distance selling regulations
  • Privacy policy
  • Online advertising
  • Processing payments
  • Cookies
  • Cloud computing agreements
  • App agreements
  • Software licensing
  • IT support & maintenance agreements
  • Escrow services

Expanding your website to trade internationally

Should you decide to use your UK website to begin trading internationally, it's important to understand the different trading and consumer laws that are operational within different countries. Some countries, for example, require that a website is written in the language of that Country.

We can make sure your website complies in each Country you are trading with, both with regards to terms of business and consumer regulations.