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Doing business on-line? Know your customers’ rights

Monday, January 7th, 2013

The European Commission has published a code of EU online rights, which sets out in one place all the rights which EU consumers have when using online services and when buying goods and services online. With the focus on consumers, the code sets out all the relevant rules with which online traders must comply, including those derived from the general rules on the supply of goods and services to consumers.

EU consumer rights online

It summarises, for example, a consumer’s right to receive certain information before concluding a contract online, rules on fair and unfair contract terms and delivery of goods, rights in respect of defective goods, rules on withdrawal from online contracts, and a consumer’s rights when in dispute with an online trader. This will be a useful  compliance checklist for all businesses trading on-line.

First the cookie monster, now the jam jar police!

Tuesday, October 30th, 2012

In these times of recession and trying to save money, you would have thought that going back to traditional skills of jam making and selling the fruits of one’s labour at farmers’ markets or for charity would be welcomed. Many retailers have reported a large surge in jam-making equipment over the past few months and even model Kate Moss and the Duchess of Cambridge are reportedly taking up the pastime. Our European law makers across the Channel evidently disagree. They have enacted a law that prohibits the re-use of jam jars! Containers may only be used commercially if they have been designed for that use. As jam jars are not technically sold for re-use, then technically they cannot be re-used!

Beware the jam jar police! Photo by Alamy

No doubt the intent behind the law was to protect against food contamination, but surely common sense must prevail. Do we need laws to tell us not to sell milk in old petrol cannisters, for instance? I think not!

Will Singapore become the “entrepreneurship capital” of South East Asia?

Monday, May 28th, 2012

There are various reasons why entrepreneurship has not traditionally thrived in Asia.  Relatively speaking, US culture regards failure in business as a positive part of the learning process, and therefore Americans are more inclined to take risks.  Asian culture, however, is less forgiving of failure.  In addition, Hugh Mason (Chief Executive of Joyful Frog Digital Incubator (JFDI)) explains that the traditional method in Asian schools is “all about getting the right answer”, and that “being smart sometimes weighs against entrepreneurship”.

Traditionally Singapore has been considered by many in the business world as a gateway to South East Asia, as it represents a relatively small market of five million people.  Investors often choose to temporarily place their money in Singapore before investing in larger markets in the region such as Indonesia, Malaysia and the Philippines.  However Angel investors and venture capital funds are increasingly seeking investment opportunities in Singapore itself.

A growing number of educational institutions are running entrepreneurship programmes and providing mentoring opportunities; and the Singaporean government are actively removing regulatory barriers in a bid to encourage entrepreneurship.  Ron Mahabir (found of Asia Cleantech Capital) states that “While the government has done a great job of loans and grant programmes, culturally it’s very difficult to push entrepreneurship very quickly.”  Change, however, is undoubtedly underway in Singapore.  In fact, according to the WorldBank, Singapore ranks at Number One in the world “for ease of doing business, and Number Four “for starting a business”.

Singapore-based JFDI is working in partnership with SingTel [a subsidiary of a major telecommunications company] to run an accelerator programme for start-ups from around Asia.  This program allocates start-up teams from around the South East Asia with mentorship from experienced entrepreneurs and specialists for 100 days, after which the start-ups can pitch to investors.  Wong Meng Weng (who helped start JFDI) says, “I see Singapore as the technology and start-up capital of South East Asia, not unlike the US where you recruit from around the world and get them to come into Silicon Valley”.

The Recession can be Good for You!

Tuesday, May 22nd, 2012

Founded by husband and wife Juliette and Russel Joffe in 1998, the restaurant chain Giraffe has not only thrived throughout recent economic crises; rather, Mr Joffe insists the recession “has been positive for us”.  He states, “It has enabled us to review our strategy.  This is an opportune time to review your business – and aspects that you might forget in good times.”

The Joffes’ advice for not only surviving but possibly benefiting from times of austerity, are as follows:

Get best supply prices:

“We have gone back to some of our original mission statements; reviewing our staffing, talking to suppliers to get the best prices”

Run a tight ship, but don’t let this compromise the quality of your products or services:

“We don’t cut corners or cut costs.  Everyone has to run a tighter business today.  The ones that cut corners and costs are the ones that will suffer long-term because standards of service will decline.  You need to keep the investment and innovation going. It is important that people see you moving forward rather than stagnating.”

Give customers a good deal:

We have also been offering vouchers and deals. It’s the norm today. When people go out to eat, they think: ‘Where is there a voucher?’ We have been focusing on our service and offering customers the best value for money that we can”

We are producing a better bottom-line profit by running a better business. We haven’t let go of any staff as such, just increased sales and not overheads.”

Beware of the cookie monsters!

Monday, May 21st, 2012

On 26th May 2011 the new EU Cookie law came into force which applies to all website operators who use “cookies” to track their visitors’ movements and choices around their site. Sadly these are not the edible variety otherwise there wouldn’t be such a fuss!  A cookie is a small file of letters and numbers downloaded on to a device when the user accesses certain websites. Cookies allow a website to recognise a user’s device such as a mobile or computer and will assist with logins or enhancing the shopping experience. Say you go to Amazon and browse books on travel to Eastern Europe. A cookie will ensure that next time you visit their site, titles are suggested to you on exactly that subject. Think of a cookie as a little piece of memory.

Beware of the new cookie laws!

Source: itsnicethat.com

The previous rule on using cookies for storing information was that you had to:

  • tell people how you used cookies, and
  • tell them how they could ‘opt out’ if they objected.

Many websites did this by putting information about cookies in their privacy policies and giving people the possibility of ‘opting out’. So they basically kicked in automatically unless you objected.

The new law requires website operators to make sure they have their visitors’ “informed consent” for the use of cookies. This must be in place before 26th May 2012.The changes aim to give users more choice and control over what information businesses and other organisations store on their computers and how they track users.

What should you do now?

  1. Establish what cookies, if any, you have on your website. You may have had the site developed for you and so you need to ask your website developer what cookies they used. See the checklist below for what you need to identify.
  2. If you do have cookies, decide which ones are essential for your visitors’ use of your site. For example, a cookie that tracks what a customer puts in their shopping basket would be considered essential and therefore may not need the customer’s express consent. A non-essential cookie that tracks that the customer had a good browse in home furnishings  before going to children’s’ wear on the other hand may be considered intrusive and therefore require express consent.
  3. Draw up a plan that shows that you are addressing the use of cookies and that you are putting into place a procedure to comply with the new law. This will be important if the ICO does come after you.
  4. Establish how you will get a visitor’s consent to the use of cookies. One option would be to have pop- up box that alerts users to cookies and asks them to agree. Alternatively, the ICO have said that getting users to agree to your Terms of Use/Privacy Policy would also work. However, instead of just displaying them as a link on your website, you would need to get them to tick a box, indicating their express acceptance of them or draw attention to the terms e.g by addign NEW next to them or re-naming your Privacy Policy as ‘Privacy and cookie policy’.
  5. Check that your Privacy Policy spells out exactly what information is being collected by cookies. The bottom line is that you need to be upfront with users about how your website operates. Our ‘oven-ready’ Privacy Policy template can help you do this.

Checklist for cookie audit

  • Cookie ID: ID of the cookie as it appears in the browser cache.
  • Cookie name: label of the cookie.
  • Cookie type: “session” or “persistent Session cookies just remain on a device for a website visitor’s visit whereas persistent cookies remain on the device even after the session ends so that when a user returns to a site, he/she will be remembered
  • Cookie life: if persistent, how long does the cookie last?
  • Cookie owner: first party or third party i.e. has it been placed by the website owner or a third party with whom the website owner has linked up
  • Source domain: domain that the cookie is associated with.
  • Data collected: type of data each cookie collects and whether it links to other information held about users.
  • Purpose: what the cookie is used for.
  • Any tracking? Does the cookie allow tracking across a number of websites?

So in this ever-increasing age of Big Brother and seemingly unfettered trend towards monitoring all of our movements, I believe this law is a move in the right direction. It shows that not everything we do in the e-commerce space needs to be recorded or tracked. We should be free to shop as we please. Just imagine if there were cookie-type robots in real life that stepped out as we entered a shop. I have visions of a middle aged man entering a department store with his stout, middle aged wife and the robot exclaiming: “Ah, Mr Brown! Welcome back! I know last time you visited our shop, you spent half an hour in the lingerie department. Would you like me to take you straight there this time? We still have that little size 8 leopard skin number you liked.” Could lead to all sorts of interesting conversations with his wife ….

Is your promotional material legal?

Monday, May 21st, 2012

As many of Off To See My Lawyer clients are running businesses related to the health industry, we thought you may be interested to hear the outcome of a particular recent Advertising Standards Agency enquiry.  Six complaints were made about the claims of Miruji Health & Wellbeing’s product “Sit & Slim”.  Miruji Health & Wellbeing had made claims in an advertisement in the local press, and on their website, that their “slimming and therapeutic massage chair and programme” had been clinically proven by the NHS to induce weight loss, relieve stress, and lower blood pressure.  It even went on to say that the chair could provide a solution to obesity.

The ASA established that there had in fact been no formal NHS clinical research.  A casual study had taken place at a mental health hospital among staff participating in a free trial.  The hospital in question did not treat obesity.  Therefore this aspect of the advertising claims being made by Miruji Health & Wellbeing was a misleading endorsement, and as such held to breach two of the CAP Codes.

With regards the claims that the chair could treat high blood pressure, the ASA considered that high blood pressure is “a medical condition for which advice, guidance and treatment should only be conducted under the supervision of a suitably qualified health professional”.  The advertisements therefore also breached one of the CAP Codes (- in this case, the “Medicines, medical devices, health-related products and beauty products” rule).

On the subject of obesity treatment, and the claims that customers could lose weight using the chair and programme alone – the advertisements were held to have breached the CAP Code relating to “weight control and slimming”.

If you have any concerns about the legality of your own advertisements or the claims you make in your promotional material, please contact Jo Tall via jo@offtoseemylawyer.com and she will provide you with appropriate advice relating to the CAP Codes, and any other legal issues that require consideration.

Female Entrepreneur Focus: Gennese Williams

Wednesday, May 16th, 2012

The test for a true entrepreneur is to see whether the person in question has turned an adverse situation into a successful enterprise.

When Gennese Williams lost the sight of both her eyes in 2007, she decided she could no longer work for anyone again.  Far from burning her bridges, however, she built upon her existing experience in beauty, music and management to start her own business, MGW London.  She merrily believes in the mantras, “What you think you are worthy of, is what you will attract”; and “You change your reality when you change your mentality”.  In addition, when times are especially difficult, she recommends taking a break and “switching off from everyone” in order to recharge one’s motivation and creativity.

MGW London is an ambitious management and business consultancy agency.  In addition it has its own in-house production, make up, hair stylists and fashion stylists’ team, and a graphic design team (run by her brother); and together they provide a range of services to manage events, projects and brands.

Ms Williams says that the most effective way of attracting clients is by word of mouth and personal recommendations.  In addition she favours social media as it gives prospective clients “the freedom to check me out before they approach us”.

Her advice to other business owners is to remain dedicated to clients; to “be professional at all times, master your craft and listen to your clients’ needs”; and to “always be steps ahead to achieve the best and don’t sleep until you know the job is complete for that day”.

Can you afford to start up your own business?

Tuesday, May 15th, 2012

If you have any misgivings about whether you can afford to start up and run a business, Jo Tall will happily meet you for a preliminary consultation.  Off To See My Lawyer are proud to have successfully helped launch many small businesses – but equally we take pride in our honest and realistic advice.  If we consider that you will be taking too many risks (– financial or otherwise) we will let you know.

Here is a non-exhaustive checklist to help you assess whether you can afford to start a new business:

  1. Off To See My Lawyer provide an extremely cost effective service, but please consider whether you are able to afford legal advice.
  2. You may wish to pay for other professional advice, such as from an accountant, or a web designer, and/or advice from PR experts.
  3. You may require professional assistance in order to draft your initial business plan, and/or business plan software.
  4. Most banks incur a small fee in order to open a business account.
  5. As you would expect, there are fees incurred for incorporating a business into a company; for registering a trade mark; for registering yourself as a data controller; etc.  And you may need to purchase certain licenses and permits in order to run your particular business.
  6. You may wish to insure your business or assets.  Premium rates are variable.
  7. If you wish to rent or buy the premises from which you will run your business, you will need to consider these costs – as well as utilities bills.
  8. The costs involved in promoting your business will add up.  For example – stationery and printing; professional branding/advertising advice; etc.
  9. Machinery and equipment, and IT systems are pricey but necessary assets.
  10. It very much depends on the type of business you are running – but you may need to pay for materials from which to manufacture your products, or stock for wholesale.
  11. Of course, once your business is up and running, you cannot pocket every incoming penny, as there are various taxes to be paid!

While the intended outcome of employing staff is to increase your profits, employees add to your list of burdens and liabilities.  You will need to draft contracts of employment, deal with relevant taxation issues, invest in time (and perhaps money) in training your staff, etc.

Mayoral Election Campaign Lowdown for Small Businesses…

Tuesday, May 1st, 2012

Who should London entrepreneurs vote for?

Is it possible that the Mayor of London could help the cause of small businesses and entrepreneurs?  Some of the mayoral candidates hoping to be elected on 3rd May seem to think so, based upon the pledges they make in their manifestos.  So, how do their various manifesto promises compare?

Boris Johnson (of the Conservative Party) lists “Growing the London Economy” as one of his pledges.  He insists that London has already succeeded in its relative resilience against the economic downturn.  He suggests that his priority is to boost the economic well-being of the city – by stating his intent to continue his current endeavours to direct funds and tax money according to Londoners’ wishes; to secure record funding from No. 10; and not to waste money on bureaucracy at City Hall.  Johnson appears to suggest that his aim is to boost the general economic well-being of the city rather than directly helping businesses within it.

Ken Livingstone (of the Labour Party) makes no direct promises in relation to the economy, nor to assisting small businesses.  Rather, his emphasis is on increasing funds for education, in order to increase young people’s prospects of employment.  He pledges a commitment to “restoring a London-wide Educational Maintenance Allowance of up to £30 per week in term by bringing together existing funds in colleges, universities, and local authorities.”

Brian Paddick (of the London Liberal Democrats) states, “We will establish a London Small Business Fund. We will work with socially responsible banks, so all viable small enterprises get the finance they need with mentoring support and advice too.”  This promise comes under the heading of his ambitiously entitled “Jobs and Opportunities for All” pledge, which is mainly focused on improving employment prospects for youths.  He promises a “London Youth Contract” to assist Londoners up to the age of 25 to attain work experience leading to a job; a new “Adult Skills” initiative; a fund to facilitate youth opportunities in needy areas gained via a voluntary £1 a night luxury hotel bedroom levy; the creation of “Youth Hubs” to provide advice, support and socialising opportunities for young people; and an enhanced careers advice service in schools.

Jenny Jones (of the Green Party) is the only candidate who explicitly pledges to help the plight of small businesses as “an absolute priority for City Hall”, as set out in her 10-point “Small Business Manifesto”.  She pledges to:

  1. Support a renaissance of micro, small and medium-sized businesses
  2. Use the Greater London Authority budget to support small businesses
  3. Protect and re-develop the traditional “high street”
  4. Prevent chain stores taking over independent shops
  5. Encourage Londoners to “buy local”
  6. Ensure public sector contracts go to small businesses
  7. Maintain the CompeteFor system
  8. Ensure small and local businesses aren’t disadvantaged by congestion and parking
  9. Only work with banks that lend to small business
  10. Increase small business representation in the community

Carlos Cortiglia (of the British National Party) does not appear to have a website stating his manifesto for London Mayor.  A Uraguayan national who has been living in the UK since 1989, he says he is “astonished” by the “hostility shown by many of the migrants towards the British and their way of life”, and emphasises, “I want to help preserve the freedoms, values and traditions that help make this a great country to live in.”  He appears to make no promises in relation to boosting London’s economy or helping small businesses.

Lawrence James Webb (of Fresh Choice of London) is affiliated with the UK Independence Party.  Of his various manifesto pledges, those of relevance to small businesses include:  cutting rates for “local businesses employing local people”; “saying ‘No’ to open-door immigration” in order to “create more jobs for Londoners”; and fighting any “EU red tape strangling London businesses”.

Siobhan Benita talks at length of her intentions to “create jobs and boost economic growth” in her Manifesto.  With regards London’s budget she promises to establish an “Independent Office for Budget Responsibility”.  For jobseekers she proposes free travel, and reduced fares for low earners.  For youths she pledges her commitment to working “with councils and businesses to ensure apprenticeships effectively deliver real employment and career prospects”, and working “with businesses, schools and colleges to improve pre-apprenticeship training”.  Of greater interest to Off To See My Lawyer clients, she states that she “will work with landlords to make better use of empty commercial property, including temporary use for community projects and for entrepreneurs to trial their ideas, negotiating Business Rate discounts and exemptions for innovative new businesses… My initial priorities will be the support of the creative industries and the life sciences sector.”

Perspectives from within the Eurozone

Monday, April 30th, 2012

We are all aware of the various endeavours being made by the British Government to improve the UK’s economy: managing the State budget; encouraging the activities of budding entrepreneurs; asking banks to lend more money to businesses; etc.  The emphasis is very much on how Britain can pick itself up in competition with other nations, and how the status of the British Pound can be raised.  As our media charts the progress of the French presidential elections, however, the British are starting to realise the extent to which the attitudes in France towards the current economic crisis differ to that in Britain.

Augustin Paluel-Marmont (Co-founder of Michel et Augustin) says that it is difficult for small firms in France to make the jump to becoming medium-sized, and that they are frequently bought up by foreign companies.  He is less concerned, however, about the strength of the French economy in isolation.  Rather, he supports the success of the European Union as a whole, believing that entrepreneurs in Europe should focus on the European market rather than simply that of their own native country.

Pierre Kosciusko-Morizet (Co-founder of Priceminister), also supports the European single currency, emphasising, “My company is very Europe-minded…  I think that is a good thing for the French economy.”  He adds, “I think the euro is something that is needed.  I’m really very disappointed with the English behaviour on that… You can’t build a new world by being selfish. You have to share values, currencies and you have to build things together.”

Henri de Castries (Chairman and Chief Executive of Axa) is optimistic that the Eurozone will ultimately thrive, once its member states have learnt how to pull together into “a more co-ordinated game”.  Expressing concern about the French national debt, and the fact “public spending is too high”, he proposes a structural reform in order to keep money “in the hands of those who know how to invest it, rather than having it taken by the state for additional unproductive spending.”  It seems he would prefer for the French Government to have a laissez-faire attitude towards its internal market – and for it to instead concentrate its efforts on co-operating with its neighbours in the Eurozone to make Europe succeed as a whole.