Legal expertise of the website
Legal due diligence of the website. Legal advice on the risks associated with violation of site requirements. Website content expertise.
BRACE Law Firm provides a wide range of website audit services. As a part of the audit, an analysis is made of the compliance of the website with both the general legal requirements for maintaining Internet sites, and the requirements established in relation to the profile of activity of an organization.
At present, it is quite difficult to monitor constantly changing legislation, since the most rapid changes are just characteristic of the sphere of legal regulation of activities on the Internet.
Services on legal audit of websites can be divided into:
- expertise of the website content for compliance with the general requirements for its maintenance;
- verification of the existing content of the website for compliance with legally established requirements for the activities of the organization that maintains the website;
- preparing legal documentation necessary for the operation of the website.
- ban on posting information prohibited by law (for example, information aimed at inciting ethnic hatred, distribution of narcotic drugs, propaganda of corruption);
- obligation to respect copyright;
- compliance with the requirements for the processing of personal data of users;
- obtaining the consent of site users to the processing of personal data;
- user agreement governing the use of the website.
- the content of advertising materials must comply with the requirements of advertising legislation (both general requirements and requirements for advertising medicines, medical products, dietary supplements, and medical services);
- information about prescription drugs should be restricted from public access by confirming the fact that the user of the website is a pharmaceutical or medical professional;
- informational materials of the website must be checked for the need to restrict them to children of certain age categories (for example, content about medicinal products containing narcotic substances);
- if the company occupies a dominant position in the market, it is necessary to post on the website of the trade policy, as well as the conditions for concluding contracts with it;
- publication of information about activities carried out at the expense of a pharmaceutical company with the participation of medical workers;
- when making sales through the website, it is necessary to conclude public offer agreements with the website user, the terms of which should be available to users.
- Legal expertise of the website with the preparing of legal opinion
- Website content consulting
- Analysis of the risks associated with possible prosecution for violations of the requirements for the content and maintenance of the website
- Audit of the current internal policies of the organization to be posted on the website
- Development of internal policies and procedures in order to develop preventive measures in relation to possible violations related to the maintenance of the website
- Development of public offer agreements (when selling through the website), or legal audit of existing public offer
- Checking the website's advertising materials for compliance with advertising laws
- Checking the compliance of the website with the requirements of personal data legislation with the development of a personal data processing policy
- Preparation of conclusions based on the results of legal expertise of the website with a comprehensive assessment of all possible risks
- Development of all types of legal documentation necessary for the operation of the website
There are general requirements for the maintenance of websites for all of their owners. These requirements include:
Expertise of the compliance or non-compliance of the website with the specified requirements is evaluative. To identify all the risks, it is necessary to know not only legal norms, but also law enforcement practice, which can be very diverse and contain conflicting conclusions, depending on many nuances of the actual situation.
In addition to the general requirements for maintaining a site, many companies, depending on the profile of their activities, must meet certain requirements.
For example, the websites of pharmaceutical companies must comply with the following requirements:
The above list of requirements is not limited and is subject to individual assessment when analyzing the content of a particular website.
After a legal audit of the website and the identification of relevant risks, legal support for the elimination of identified violations and minimization of possible risks is of particular importance. In particular, in most cases, the website owner may need legal assistance in drawing up user agreements, personal data processing policies, public offer agreements, etc. Also, often, site verification may require a comprehensive analysis of the internal policies of organizations - site owners, since the high-quality construction of internal processes of the company's work plays a key role in compliance with legal requirements for the maintenance of sites.
It is important to note that cases related to bringing site owners to responsibility are characterized by a high speed of consideration, and, in some cases, by the difficulty of appealing against decisions taken by authorized bodies. In this regard, the timely provision of services for the legal examination of the website plays a special role in preventing fines.