I am looking for feedback???

 

As a web designer I spend as much time building a site as I do getting the coding, compliance and legal side sorted out. I believe in 100% valid coding and aware of the legal implications (over looked by a lot of companies) always include as standard an accessibility statement, legal details, privacy policy plus others. There are seven additions to every website excluding the site and its content.

 

What are your feelings and opinions on this issue?

I do know with the new ASA/CAP regs for the UK coming into action in March 2011 - that website copy (as well as adwords and social media updates) are going to be much more closely monitored. I am much more a social media and seo guy than web designer/dev - however it is in my best interest to learn and know all of this.

 

I would love to know which legal and compliance you are referencing Richard.

 

and welcome to the forum. *waves*

It all depends... (I am not a legal expert, but work closely with copyrighters and legal teams where needed)... its a minefield ... this is not a complete list guide, just some of my observations:

 

Legal compliance depend on the nature of the owner of the website (individual, Business, Government etc), what the website does eg. selling products (distance selling laws), user registration and interaction (privacy and data protection laws).

 

I see a lot of Legal Disclaimers that state the legal obvious (e.g. respecting intellectual property rights and trademarks and copyright) that does not need stating. Also ones that are full of terms and conditions that to the average person make no sense (and could easily fall under the un-enforceable bracket). Puts the legality of the disclaimer under serious question.

 

Currently Disabilities Act does not state specifically what needs to be done to comply. Uses ambiguous terms such as "reasonable adjustments" and "It may be unlawful".

 

www.web-accessibility.co.uk/legal.asp for example states "The law in the UK does not define which level is acceptable, it simply states that discrimination is illegal. " when refereeing to the W3C standards.

 

Finally, if its your website, seek legal advice before using ANY legal disclaimer that is not a stated and documented (templated) legal requirement and have doubled checked relevance to your website. If its a client's website you should advise them to seek legal advice.

 

Cheers, Nick

I see a lot of Legal Disclaimers that state the legal obvious (e.g. respecting intellectual property rights and trademarks and copyright) that does not need stating. Also ones that are full of terms and conditions that to the average person make no sense (and could easily fall under the un-enforceable bracket). Puts the legality of the disclaimer under serious question.

To many cut 'n' pasted terms and conditions. It's scary how many people just copy someone elses legal docs!

 

There' some reading on DDA at http://www.webcredible.co.uk/user-friendly-resources/web-accessibility/uk-website-legal-requirements.shtml

Currently Disabilities Act does not state specifically what needs to be done to comply. Uses ambiguous terms such as "reasonable adjustments" and "It may be unlawful".

What they actually say is a company must make reasonable adjustments. If a company turns over 20k, then it's unreasonable for them to spend 10k on accessibility. If they turn over 200k, then 10k is pretty reasonable. It's done like this so they don't inadvertently penalise start-ups.

Whilst the Statutory law can be a little vague in areas, there's a fair bit of case law, which makes it far more definitive. Google around.

Legal advice is always recommended, they pay massive subscriptions to have legal changes in their field (statutory and case) brought to their attention, changes that may not be so publicly published.

What they actually say is a company must make reasonable adjustments. If a company turns over 20k, then it's unreasonable for them to spend 10k on accessibility. If they turn over 200k, then 10k is pretty reasonable. It's done like this so they don't inadvertently penalise start-ups.

 

What is the source of your information (I would be very interested on the background to these figures and that the fact it is linked to company turnover..) ?

 

Whilst the Statutory law can be a little vague in areas, there's a fair bit of case law, which makes it far more definitive. Google around.

 

 

A google around for me shows there is no UK case law on this specific aspect of the disability discrimination act.

I have found lots of opinion, but no firm facts.

Again would be interested if you can provide any links.

 

Cheers, Nick

This might be helpful to some of you?: http://coi.gov.uk/guidance.php?page=188