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A legal minefield called the internet
Where IP meets IP

By editorial@silicon.com

Published: Wednesday 14 November 2001

Doesn't it just seem like everything is getting so much harder in the online world?

If you're of a nervous disposition you might want to brace yourself for this stark reminder of the legal minefield otherwise known as ebusiness.

On top of sweating over funding for your web ventures and working on the technical integration between online and offline operations consider for a moment the legality of what you're doing.

Is everything above board? Are you protecting yourself adequately?

This is new territory for many clicks-and-mortar and even web-based companies who are still grappling with relatively recent legislation such as the Data Protection Act and the Distance Selling Regulations.

A number of legal issues revolve around ownership. The problem is that because so much material is easily accessible on the web, there is a tendency to assume it's there for the taking.

Protecting intellectual property (IP) is an essential element of ebusiness. Everything from business processes to logos to domain names. There is now enormous value attributed to IP and if you don't protect it, don't expect to hang on to it. Someone else - whether based around the corner or around the other side of the world - will very quickly snap it up and turn it into revenue.

And that goes for data too. A privacy policy is essential and one that customers should be able to view. Do you know what happens to your customer data and how to look after it appropriately?

Law firm Fox Williams, specialists in ecommerce matters, today issued a further warning to companies flouting the law. Evidence from them shows there are still companies failing to adapt their processes to fall into line with new Distance Selling Regulations.

Furthermore, and as if the above concerns aren't enough, they point out that as always, beware the enemy within. Your biggest downfall might be your biggest asset - your staff. No wonder lawyers come up with all those clauses about who actually owns a company's ideas.