Legal Questions

The type of industry you operate in may necessitate the inclusion of certain information on your website. The requirements imposed upon your business are also likely to apply to your internet presence. If you’re unsure how to manage or implement these requirements, you should seek suitable professional advice.

If applicable, you need to consider if there are any terms and conditions you require your online customers to agree to. When contracting online, the fundamentals of offer and acceptance should be set out to ensure you don’t bind yourself to a contract you can’t fulfill. It would be unfortunate to find yourself in the position of having a binding contract to sell one hundred plasma televisions for $500 each instead of $5,000 each simply because of a typo on your website.

It’s often the case that what needs consideration in the ‘real world’ needs equal attention when the internet is used.

Your obligations under the Privacy Act 1988 and related legislation also need some thought. These don’t disappear simply because you are dealing with information online. To minimise the risks when you start conducting your business online, you should meet with your lawyer, or other professional adviser, and consider these fundamentals as part of your early planning.

An online presence can be an exceptionally cost effective and lucrative way of operating your business. A real issue, however, is the often carefree attitude with which some businesses approach their online operations. The internet is not a lawless territory where anything goes, it’s often the case that what needs consideration in the ‘real world’ needs equal, if not more, attention when the internet is used.

A website operator should ask themselves the following when establishing and operating a website:

• Have I checked that I can use that domain name?
• Do I own the rights in the website design and content?
• Have I chosen the right ISP to host my website and meet my business needs?
• Am I being diligent in keeping my website content accurate and up-to-date?
• Am I able to make changes to my website as and when required?
• Is my website set up and structured to adequately cover both statutory and other legal obligations imposed upon my business?
• Does my website contain the necessary content to complement and reflect my business model?
• Have I discussed my needs, obligations and requirements with my professional advisers?

If you can answer yes to all of the above then you are well on your way to a happy, healthy, online presence. Now you just need to work out how you are going to attract visitors to your website.

* Michael Sutton is an associate of Dibbs Abbott Stillman lawyers, Sydney.

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