This article was written after a conversation with a client who didn’t want to show their company details on their website, I had to explain that it was a legal requirement, so for those who are not sure the information is shown below.
In the UK, a limited company must comply with certain legal obligations regarding the information that should be displayed on its website. The Companies Act 2006, the Electronic Commerce (EC Directive) Regulations 2002, and other related regulations impose specific requirements. This article will guide you through the legal necessities for a limited company website, ensuring compliance with UK law and avoiding potential penalties.
As always when dealing with legal matters, you should check with a professional adviser about how the information applies to you.
Under the Companies Act 2006, every limited company must display its full registered name clearly on its website. This includes the company’s legal name as registered with Companies House. If the company uses any trading names, they should not be misleading, and they should also be displayed alongside the registered name where appropriate.
For example, if your business is legally registered as “ABC Enterprises Limited” but trades as “ABC Digital,” both names should appear on your website, with clarity about which one is the official registered name.
In addition to the name, the company’s registration number must be included. This is a unique number issued when the company is incorporated with Companies House. Displaying this information ensures that visitors can easily verify the company’s official status and legitimacy through the Companies House website.
The registration number can appear on the contact page, about page, footer area of all pages, or any other section of the website where company details are commonly displayed and must be clearly visible.
The country of incorporation must also be specified. For companies registered in England, Wales, Scotland, or Northern Ireland, it is crucial to state the jurisdiction. For instance, “ABC Enterprises Limited is a company registered in England and Wales” is an appropriate declaration.
This information assures customers and partners that the business operates under the laws and regulations of the specific UK jurisdiction.
Every limited company must list its registered office address on the website. The registered office is the official address of the company, where official communications, such as legal notices, can be sent. It is essential to note that this does not necessarily have to be the company’s trading address.
For many businesses that operate primarily online or remotely, a registered office address might be the address of an accountant or legal representative. However, this address must be present and visible on the company’s website.
If the company is registered for Value Added Tax (VAT), its VAT registration number must also be displayed on the website. The requirement applies regardless of whether the website is used for selling goods and services. VAT registration is required for businesses with an annual turnover exceeding £90,000, but some businesses voluntarily register before reaching that threshold.
The VAT number should be included wherever the company’s registration details appear, such as the footer or contact page, as well as on any invoice or documentation relating to purchases through the website.
A company website must provide an appropriate way for customers or the public to contact the company. At the very minimum, an email address must be displayed, although providing a phone number, contact form, and postal address is also encouraged for customer confidence and support.
The E-Commerce (EC Directive) Regulations 2002, which governs online trading, requires that companies make it easy for customers to get in touch for questions, complaints, or business inquiries. Having accessible contact details not only improves transparency but also promotes trust in the business.
Under the General Data Protection Regulation (GDPR), it is mandatory for any business that processes personal data to have a privacy policy in place. The privacy policy should be clearly accessible on the website and outline how personal data is collected, processed, stored, and protected.
Key components of a GDPR-compliant privacy policy include:
Failing to comply with GDPR can lead to substantial fines, making it essential that your company’s privacy policy is comprehensive and accessible.
If your website uses cookies (small data files stored on a user’s browser), you must inform visitors about their use and obtain their consent before cookies are placed. This is required under the Privacy and Electronic Communications (EC Directive) Regulations 2003, often referred to as PECR, and the GDPR.
A cookie policy typically explains:
Many businesses implement a cookie consent banner that prompts users to accept or reject cookies when they first visit the site.
While not explicitly required by law, having clear terms and conditions is vital for managing the relationship between the business and its customers. Terms and conditions help set expectations for how the website should be used, the rights and obligations of the company and its customers, and how disputes will be handled.
Typical terms and conditions cover:
Displaying terms and conditions on the website protects the company from legal disputes and ensures clarity on critical issues like returns, refunds, and warranties.
For businesses that sell goods or services online, additional information is required under the E-Commerce Regulations 2002. These regulations apply to all businesses that engage in distance selling and require companies to display:
Moreover, businesses must inform customers of their right to cancel within 14 days under the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013. Providing clear terms around cancellations and refunds can help avoid disputes and improve customer satisfaction.
For companies that operate online, it is good practice to provide information on how disputes will be resolved. This may include details of internal procedures or references to external dispute resolution services. For businesses selling online to consumers, a link to the European Online Dispute Resolution platform must be provided.
To protect the content on your website, including text, images, and logos, it’s important (but not legally required) to display a copyright notice. This informs visitors that the content is owned by the company and cannot be used without permission. While copyright exists automatically, having a clear notice reinforces the company’s ownership of intellectual property.
Displaying the correct legal information on your website is not only a legal obligation but also a sign of professionalism and transparency. By ensuring compliance with the UK Companies Act 2006, GDPR, PECR, and other relevant regulations, you protect your business from potential fines, enhance customer trust, and foster smoother business operations. Regularly review and update the website to ensure all legal requirements are up to date and properly presented.