Summary
Summary Lecture 7
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Lecture of the LL.M. Master course Global E-commerce and Internet Liability
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By: vivianaminneboo • 6 year ago
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Law firms, small & medium companies have the functionality to personalize a website. They provideinformation on the content/ on the firm (legal free content is not legal advice as it’s general content,
when you rely on it, they are not liable), tool to calculate certain taxes as they want to exclude
liability concerning this, cookies to personalise the website, user terms and legal info.
Requirements? Each page of the website should a link or a button referring to certain info: about the
company, e-privacy directive, privacy directive, cookies policy, website terms of use (2 more items
she said couldn’t hear)
A company has user terms because they want to exclude liability and they want something from you,
they want to give you a license, for instance for the IP rights. In a chat functionality, they want you to
take it down when it’s violating things. Website T&C is no legal requirement, it’s there to protect the
company or to get something out of the user. For example, someone can use information that is
shown on the website, and then later claim that this information was wrong. As its generic free
content, it’s not specific so if one needs advice should go to a lawyer. So, the company wants to
exclude liability there and protect itself.
Things you need to check when you visit a company’s website:
- The managing company information.
-Website terms & conditions.
-Commercial content of the website.
-Privacy & cookie policy.
-P2P transaction page.
Step 1
Consumer Rights Directive doesn’t apply to the basic websites. B2B (e.g. Business law firms providing
general services to companies) is excluded and there is no contract to abide to, it’s just an
information website. The privacy Directives protect individuals, not companies. There is a very basic
privacy policies as the individuals are the content. The E-Commerce Directive applies to B2B and B2C,
so also to this basic website: it is by electronic means, it is an economic activity (because you provide
information about your business, which is economic activity) You need to be found so you can be
sued.
Step 2: mandatory information requirements
This website information such as language requirements, legal information, about us, about the
company etc. needs to be easily/visible/directly/permanently accessible. A company should ask itself
if it’s easy to get to this info, is the info sufficient, is five clicks to reach the info well? E-contracting
doesn’t apply to the basic website.
Step 3: website T&C
Liability cannot be excluded one-sided, they need to be accepted by the other party as well. So, there
needs to be a contract or T&C.
A disclaimer is fine if there aren’t many relevant things on the side, but if there’s more it’s not
sufficient. A disclaimer namely is also a form used to exclude liability but it doesn’t cover everything.
So, in addition the general terms and conditions must be accepted. The websites view the disclaimer
where the user has to accept, to exclude the website liability for using their services. So in other
words, the website offers tools for free that you can use, but by using your tools you are accepting
the results at your own risk/responsibility.
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