Complying with the e-letter of the law

Irish websites must provide specific corporate details under new legislation enacted this week, writes John Collins.

The legislation, which originally came from Europe, is designed to give consumers and businesses more confidence about whom they are dealing with when they visit a website or receive an e-mail.

Some in the internet industry have called the new rules "ill-thought-out" and "excessive".

The Office of the Director of Corporate Enforcement (ODCE) said in February that from April 1st, an EU directive would pass into Irish law, requiring limited-liability companies to provide certain information about themselves in all electronic communications, on order forms and on their website.

Information required includes the full name of the company, its legal form (eg limited by shares or plc), where it is registered, its registered number and the address of its registered office, which must be a physical location, not a post office box number.

Companies that do not comply could face a fine of €2,000 and €100 for every further day they are not in compliance.

According to Kevin Prendergast, ODCE's corporate compliance manager, the new rules simply enforce the requirements for company letters in the electronic realm and are designed to empower consumers by ensuring they know with whom they are dealing.

The ODCE sent a booklet explaining the guidelines to the home addresses of every director of a limited liability company in the State.

In addition, Mr Prendergast says the number of downloads of the information notice from its website and calls to the office for clarification suggest there is a "broad awareness" of them.

When the ODCE first began to publicise the new requirements, they became a topic of discussion on Enterprise Ireland's e-business discussion list, which is circulated by e-mail. Some people posting to the list, which is mostly subscribed to by those doing business online and suppliers of internet services, felt the requirements were excessive.

"Some e-mails are the equivalent of letters on headed paper, while most are more like short telephone conversations," said one anonymous poster.

Another pointed out that by including such information in all electronic communications, it could potentially provide valuable information to spammers, criminals involved in identity theft and other fraudsters.

One legal expert does not agree. Robert McDonagh, a solicitor with Mason, Hayes & Curran, who specialises in the area of e-commerce and intellectual property, says he does not "see what all the fuss is about" and complying is relatively straightforward.

"Review your website - if it doesn't have the information, include it," says Mr McDonagh. "For e-mails, ensure it's in the footer that is added to every e-mail and also make sure your fax templates and letterheads are compliant. "

He adds: "If you are unsure, seek legal advice."