Business Names and Information Disclosure - a summary of the issues

I often get asked about disclaimers and notices in email footers and the requirements for providing infromation in web sites and emails. Its something I have commented on before on Chinwag and elsewhere but I thought it would be good to refresh the topic.

Alex Chapman

The law concerning what information a business should disclose has recently been updated to clarify that companies must now disclose their full name, registered address and registration number in all its web sites and all letters, order forms, notices and other official publications whether those are in electronic form or not.

That includes emails which relate to the business of the company.

All companies should therefore review their web sites and emails to make sure they are compliant.

For email we would recommend that you include the information as a footer to the standard email template and for web sites you should consider updating your "terms and conditions", "about us" or "contact" pages.

The new regulations should also be considered in conjunction with some existing rules that it can't hurt to be reminded of and these are set out below

Company's name to appear in its correspondence, etc

The legislation specifically states that references to a type of document include all such documents, whether in hard copy, electronic or any other form and that therefore includes all emails sent by or on behalf of the company.

Every company must have its name in legible characters:

(a) in all business letters and order forms of the company;

(b) in all its notices and other official publications;

(c) in all its web sites;

(d) in all bills of exchange, promissory notes, endorsements, cheques and orders for money or goods purporting to be signed by or on behalf of the company, invoices, receipts and letters of credit.

However a web site is not a company's web site for the purposes of these rules if-

(a) its content is determined solely by persons other than the company, or

(b) it does not relate to the company, its business or its operations.

Business Names Generally

In the case of businesses that are not companies the general rule is that they should state legibly on all business letters, orders, invoices and receipts and written demands for the payment of debts:

(i) the name of each partner in the case of a partnership,

(ii) in the case of an individual, his name,

(iii) in relation to each person so named, an address in Great Britain at which service of any document relating in any way to the business will be effective (this could be the principal place of business and would not have to be a different address for each person).

Also in any premises where the business is carried on and to which its customers or suppliers have access, a notice containing such names and addresses is to be displayed in a prominent position so that it may easily be read by such customers or suppliers.

The E-Commerce Regulations

o they give at least their name, e-mail address, geographic address and the particulars of their regulator;

o whether it is solicited or unsolicited the email must clearly identify:

§ that it is email marketing;

§ the business on whose behalf it was sent;

§ whether a promotional offer is made and that it is a promotion together with its conditions in clear and unambiguous terms;

§ the terms of any promotional competition or game in an easily accessible manner and that it is promotional competition or game.

o as soon as individuals receive unsolicited commercial communications they must be clearly identifiable as such i.e. in the subject header and therefore without reading the email

o those involved in email marketing regularly consult and respect any
opt-out registers such as the E-mail Preference Service scheme supported by the Direct Marketing Association.