The widespread use of information technology introduces a whole new range of legal issues. In recent years, various pieces of legislation have been enacted to deal with these. Many of these issues affect web development. Some of the main points to be aware of are listed below:

  • Computer Misuse
  • Data Protection
  • Intellectual Property
  • Disability Discrimination
  • Health and Safety
  • Contractual Obligations
  • Confidentiality

Some of the most important pieces of legislation which have an application to web development are listed below with a brief explanation of each.

Computer Misuse Act 1990

The Computer Misuse Act 1990 was enacted to combat hacking. A catalyst in the introduction of this law was a case in 1985 in which two men were convicted under the Forgery and Counterfeiting Act 1981 for hacking into British Telecom’s Prestel viewdata service, an interactive information service similar to Ceefax. This case led to a desire for more targeted legislation specifically aimed at crimes of a similar nature.

The Computer Misuse Act outlaws:

  • unauthorised access to computer materials
  • unauthorised access to computer materials with a view to commit further offences
  • unauthorised modification of computer materials

Data Protection Act 1998

The Data Protection Act 1998 is designed to protect personal data which is stored in a computer system or an organised paper filing system. The protection of personal information is particularly important for computer-based record systems, as data stored on computer is potentially far more easily accessible than a paper record system. The Data Protection Act governs how personal data can be collected and used. In particular, the collection and use of personal data is restricted according to the following eight principles:

  1. Personal data may only be collected and processed for fair and lawful purposes.
  2. Personal data  must be stored and used for the specified purposes only.
  3. Personal data should be adequate, relevant and not excessive.
  4. Personal data should be accurate and kept up-to-date.
  5. Personal data should not be held any longer than necessary.
  6. Personal data should be processed in accordance with the data subjects’ rights.
  7. Personal data should be kept secure using appropriate measures.
  8. Personal data must not be transferred outside the European Economic Area unless adequate protection is in place.

Intellectual Property

Within the United Kingdom, intellectual property rights are protected by the Copyright, Designs and Patents Act 1988. This act is designed to protect the investment of time and effort by the authors of original pieces of work by protecting their ownership of their work.

Intellectual property includes four separate elements, each having a varying level of relevance to web development. These are:

  • Copyright
  • Patents
  • Designs
  • Trademarks

From the point of view of the web developer, copyright is the most important aspect to be aware of.

Copyright

  • An automatic right
  • Applies to many types of work
  • Applies across different mediums i.e. Making an unauthorised audio recording of a printed book may be an infringement of copyright
  • Does not protect ideas – work must be fixed e.g. written or recorded in some way
  • No official system for registering copyright
  • Marking copyright on a work can be done by adding the copyright symbol ©, the owner’s name, and the year it was created.

Types of works which are covered by copyright:

  • Literary works such as novels, song lyrics and newspaper articles
  • Dramatic works such as plays
  • Musical works
  • Artistic works such as paintings, sculptures and photographs
  • Layouts and typographical arrangements
  • Recordings of a work – both sound and video
  • Broadcasts of a work

A copyright-protected work can only be copied or used with the copyright owner’s permission.

You do not have to apply for copyright. It is an automatic right whenever you create a work.

A copyright-protected work can have several copyrights which apply to it. For example, a website could have separate copyrights for the logo, the design and the written content.

Copyright does not protect ideas. In order to have copyright on a work it must be fixed – i.e. written or recorded in some way. For example, you may have an idea for an innovative new product but unless you record the idea in some way, you will not have copyright.

Before placing any content online, it is important to make sure that you have obtained the consent of the copyright holder.

Patents

A patent applies to an invention and refers to a new and unique way of doing something. A patent is not an automatic right but must be registered. The patent will apply within a specified geographical area and for a specified length of time and will protect the invention from being copied, used or manufactured without the permission of the patent holder. The patent holder can license or sell the invention and is allowed to freely discuss it with others allowing a business to be set up for manufacturing the product. Registering a patent will incur fees.

In order to be registered as a patent the invention must be new, have an inventive step which is not obvious and be capable of being applied in industry. Additional conditions are that the invention must not be any of the following:

  • a scientific or mathematical discovery, theory or method
  • a literary, dramatic, musical or artistic work
  • a way of performing a mental act, playing a game or doing business
  • the presentation of information, or some computer programs
  • an animal or plant variety
  • a method of medical treatment or diagnosis
  • against public policy or morality

In order to be registered as a patent, the invention must not have been disclosed to anyone previous to being registered, unless the disclosure was confidential. In many cases if this rule is not followed this will invalidate the patent. The patent can be discussed with qualified (registered) lawyers, solicitors and patent attorneys as anything said to them is legally privileged and confidential. If discussing the patent with anyone else you should get them to sign a Non Disclosure Agreements (NDA). A NDA is an agreement that certain information is confidential and should not be disclosed to any third party or used for any purpose not stated in the agreement.

IPO information leaflet on Confidentiality Agreements  -http://www.ipo.gov.uk/nda.pdf -PDF

Designs

A design refers to the unique visual appearance of something – this includes such things as lines, contours, colours, shapes, textures and materials. There are three types of design right.

Like copyright, unregistered design right is automatic when a new and individual work is created. Design right refers to the shape or configuration of a product, so 2D designs such as wallpaper do not qualify. These would have to be protected by copyright or by registering a design. This right applies within the UK and may be extended to a limited number of territories worldwide. It lasts for 15 years after creation of the design or 10 years after first marketing of products using the design, whichever is earlier.

A registered design is a legal right protecting your unique design from being copied. This right applies within a certain geographical area. Registering a design gives you exclusive rights for the design and allows you to sell or license your design. To enforce registered design right, there is no need to prove that your design was directly copied, unlike with the other two types. In order to be registered a design must fulfil the two conditions of being new and having individual character. In order to be classed as new, the same or a similar design must not have been previously published within the U.K. or the European Economic Area. If the overall appearance of the design is different from existing designs then the design will be considered to possess individual character. A registered design is protected for 25 years from the filing date of the application and applies within the UK with the option to extend the protection to several Commonwealth countries. This right must be renewed every 5 years and a registration fee applies.

The third area of design right is unregistered community design which is an automatic right giving protection for the overall appearance of a design where the design is new, unique and has individual character. This right applies within the EU and lasts for 3 years from the date the design is first published.

Trademarks

A trademark is a sign that distinguishes goods and services from others in the marketplace. A trademark must be distinctive and differentiate goods and services from those of competitors. A trademark must be renewed every 10 years to retain protection. Trademarks cannot be registered if they:

  • describe your goods or services or any characteristics of them, for example, marks which show the quality, quantity, purpose, value or geographical origin of your goods or services;
  • have become customary in your line of trade;
  • are not distinctive;
  • are three dimensional shapes, if the shape is typical of the goods you are interested in (or part of them), has a function or adds value to the goods;
  • are specially protected emblems;
  • are offensive;
  • are against the law, for example, promoting illegal drugs;

or;

  • are deceptive. There should be nothing in the mark which would lead the public to think that your goods and services have a quality which they do not.

International Law

Various international laws and conventions relate to Intellectual Property. These include the Berne Convention for the Protection of Literary and Artistic Works. The Berne Convention was originally adopted in 1886 and is designed to protect intellectual property rights of authors within all member nations.

Useful links

Intellectual Property Office: http://www.ipo.gov.uk/

World Intellectual Property Organization: http://www.wipo.int/portal/index.html.en

Accessibility

Equality Act 2010

Accessibility is an area which is often neglected by web developers. This is partly due to the common perception that making a site accessible requires a lot of extra work and puts limitations on the features and designs which can be used. But this doesn’t have to be the case. If a site is built to take accessibility issues into account from the very start, this can be achieved with very little extra work and will provide benefits for everyone who visits the site – not just people with disabilities.

The law as it relates to accessible websites can be quite vague. Section 508 is a standard developed in the U.S. which all U.S. government sites must adhere to. It draws heavily on the WCAG 1.0 guidelines which outline the various checkpoints for accessibility. UK law is a lot more vague. Up until this year, websites would come under the Disability Discrimination Act 1995 which forced businesses to make reasonable adjustments to allow disabled people to access their goods and services.

In 2010 the DDA was overtaken by the new Equality Act 2010. This act is intended to outlaw various types of discrimination, including disability discrimination. Rather surprisingly, the act does not specifically refer to the provision of accessible websites. Instead this would come under the more general heading of providing accessible goods and services. The act has been criticized for general vagueness – including on the topic of web accessibility. For a more detailed discussion of the act see an article from a law firm specialising in this area - http://www.out-law.com/default.aspx?page=10843

Health and Safety

Working with VDUs

If you make significant use of Visual Display Units as part of your everyday work, then your employer has a duty to take steps to minimise any risks to your health by ensuring that the workplaces are well designed. If you are self-employed then this law does not apply to you, however if you are using a workstation provided by your client then the client has the same responsibilities as if you were their employee.

The Health and Safety (Display Screen Equipment) Regulations 1992

Health and Safety Executive Advice on Working with VDUs http://www.hse.gov.uk/pubns/indg36.pdf

Health and Safety Executive – http://www.hse.gov.uk/

HSE is the U.K. independent watchdog for work-related health and safety issues.