Legal Is Not Always Boring

Legal isn’t always boring!

November 24, 2015UX beers

Legal isn’t always boring!

November 24, 2015UX beers

Bert Gregoir@BertGregoir

Eline Wouters@eline_wouters

For all websites1.

1. For all websites

1. Company / personal name

Mandatory information

Only applicable for businesses,

not for private individuals

1. For all websites


2. Postal address




1. For all websites


2. Postal address

3. Email address




1. For all websites


2. Postal address

3. Email address


Place your screenshot here



1. For all websites


2. Postal address

3. Email address

4. Company / VAT number




1. For all websites


2. Postal address

3. Email address






1. For all websites


2. Postal address

3. Email address


5. Bank account number




1. For all websites

* Not mandatory

Terms & conditions

1. For all websites

* Not mandatory

* If you have them they have

to be published on the

website

Terms & conditions

1. For all websites

* Not mandatory



website

* If you want them to be

binding you need active

acceptance

Terms & conditions

1. For all websites

“Users of our services may be given an opportunity to interact

with us and submit, post and/or upload content (including

comments and pictures). In posting your content, you confirm

to us that you are the owner or have consent from the owner

to post the content and that the content does not defame

any person, company or business or violate the privacy

rights, copyright and other intellectual property rights,

contract rights or any other rights of any person.”

1. For all websites

* Not mandatory



website

* If you want them to be

binding you need active

acceptance

* Print / Save = optional

Terms & conditions


1. For all websites

* Disclaimer = optional

Disclaimer

1. For all websites


* Legally binding through

active acceptance

e.g.: signing up, placing

order

Disclaimer

1. For all websites


* Legally binding through

active acceptance

e.g.: signing up, placing

order

* Disclaimers are usefull

Disclaimer


1. For all websites

We do not warrant the accuracy or completeness of the

information, content or materials provided through the Site.

The inclusion of any products or services on the Site at a

particular time does not imply or warrant that these products

or services will be available at any time. We reserve the

right to discontinue any product at any time.

1. For all websites

Collecting user data

Privacy Policy

1. For all websites

Collecting user data:

* Name, Address, Email,...

Privacy Policy

1. For all websites



* IP Address, Browser, OS, …

Privacy Policy

1. For all websites




Policy on collection,

registration, consultation,

correction, … of data

Privacy Policy

Registration at

privacycommission.be

1. For all websites




Policy on collection,

registration, consultation,

correction, … of data

Privacy Policy


Registration at

privacycommission.be

1. For all websites

EU rules are very unclear and are interpreted in widely diverse ways

Cookies

1. For all websites

Cookie banner (opt-in) when

using other cookies than:

* User‑input cookies

(session-id)

* Authentication cookies

* User‑centric security

cookies

* Multimedia content

player cookies

Cookies

1. For all websites

Cookie banner (opt-in) when

using other cookies than:

* Load‑balancing cookies

* User‑interface

customisation cookies

* Third‑party cookies

(social media)

Cookies

1. For all websites

No rules on how to announce cookies

Cookies


For webshops2.

For webshops

Same as for all websites

+ extras:

1. Phone number

2. Address for complaints



For webshops

1. Pricing (incl. VAT)

Information prior to purchase


For webshops


2. Main characteristics of

goods/services



For webshops



goods/services

3. Delivery method & terms



For webshops



goods/services


4. Shipping cost & extras



For webshops



goods/services



5. Method of payment



For webshops



goods/services




6. Right of withdrawal



For webshops



goods/services




6. Right of withdrawal

7. Legal guarantee



For webshops

Before placing the order:

last check on product list

& price

Ordering process


For webshops

* Opt-out for extras =

forbidden

Ordering process


For webshops


forbidden

* Active acceptance of

terms & conditions is

recommended

Ordering process


For webshops


forbidden



recommended

* Payment transaction

costs

Ordering process


For webshops


forbidden



recommended

* Payment transaction

costs

* Button: to payment

Ordering process


For webshops

* By email, not just a link

Order confirmation

For webshops


* List of purchases + price

Order confirmation


For webshops



* Means & timing of delivery

Order confirmation

For webshops




* Company name, address,

email, phone & VAT no.

Order confirmation

For webshops






* Address for complaints

Order confirmation


For webshops







* Right of withdrawal

Order confirmation


For webshops







* Legal guarantee

Order confirmation

For webshops







* Legal guarantee


Order confirmation


For webshops

* 14 days

* Exceptions: mention

on the website

Model withdrawal form:

* Use is not mandatory

* Only on paper is ok

* If digital: email

confirmation

Right of withdrawal

For webshops

These items are not applicable

in B2B context:

* Price incl. VAT


* Consumer warranty


B2B webshops


For webshops

Same rules apply, but:

* Mentioning prices: tariffs or

calculation methods

* Consumer has right of

withdrawal but he

can waive it

* Duration of contract,

cancellation options

Selling services


Email marketing3.

Email marketing

Every non-individual email is

marketing

(including newsletters etc.)

Email marketing


Email marketing

Opt-in is mandatory

Email marketing

Email marketing

Opt-in is mandatory, except:

* For existing clients who

didn’t opt-out out during

ordering process

Email marketing

Email marketing




ordering process

* To info@ addresses

Email marketing

Email marketing

Opt-out is always mandatory

and needs to be confirmed

Email marketing


* EU sets the minimum standard. Sufficient for EU-wide sales when not explicitely targeting other countries (e.g. making .de, .fr, .it websites).

Thanks!

Bert Gregoir @BertGregoirwww.stappers-law.be

Eline Wouters @eline_wouters

http://www.stappers-law.be

http://www.stappers-law.be

Legal Is Not Always Boring

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