Mark Austin

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[Howard Roper]

This was published by Anna Johnson @ Kikabink and I thought you all would enjoy reading it!

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Having straddled both the legal and Internet marketing worlds, I've developed some understanding of how the law touches Internet marketers and Internet marketing in general.

As such, I thought it might be helpful to give you some questions to think about - and ideally get legal advice on - when considering how the law might affect your online marketing business.

Quick disclaimer (what else would you expect?): this is by no means comprehensive list and ideally your legal adviser will give you more guidance about what issues to consider.

Do I need some kind of license to trade online?

How should I structure my business - e.g. as a sole trader, partnership or corporation? What are the implications of each?
 
Are there specific tax laws I need to comply with?
 
How should I structure my business so I can optimally protect my assets and pay only the amount of tax I need to pay?
 
Am I breaching anyone's trade mark with my domain name?
 
Do I need to display certain information - e.g. full corporate name, license number, other information, etc - on my website, promotional materials or elsewhere?
 
If I promote or sell my products or services to people in other countries, what laws in those other countries apply to me?
 
What privacy and information security laws apply to me?
 
Do I need a privacy policy on my website?
 
Do I need to include a disclaimer in my sales materials?
 
How do I protect my intellectual property (e.g. name, technology, writing, designs, etc) in all the markets I operate in?
 
Am I complying with the relevant consumer protection laws in my promotional materials?

Am I complying with the relevant email marketing laws?

Are there any particular laws applying to my industry or the types of products I sell that I need to comply with (e.g. laws regarding giving investment advice or selling medicinal products)?

Do any particular laws apply if I run a competition?

Do I understand my rights and responsibilities as a member of various affiliate marketing programs?

Have I clearly set out my rights and responsibilities and those of my affiliates when establishing my own affiliate marketing program or when entering into joint ventures (JVs) with other Internet marketers?

Have I adequately negotiated and protected my interests when entering into contracts with others e.g. when entering into JVs or hiring contractors?
 
Do I have a business succession plan if something unfortunate - or fortunate - happens to me?

Am I complying with all my employment law obligations if hiring staff?

Do I know what to do if someone takes legal action against me?

Do I know what to do if I think someone is doing the wrong thing by me?

If you think this is a long list - and trust me, I have by no means covered all the legal issues which apply to Internet marketers - now you know why there are so many lawyers!

[Jim Burney]

Howard

I read the article on Anna's site. She does keep here finger on the pulse.

Thanks for sharing on the forum.

Jim