Professional Documents
Culture Documents
1 GENERAL
1.1 Details of the business, including business plan.
1.2 Does it involve the provision of goods or services or both?
1.3 In what industry sector(s) will the business operate?
1.4 In what geographic market(s) will it operate?
1.5 What is the business model? In particular:
1.5.1 Will any goods be sold online and delivered offline?
1.5.2 Will any services be sold and delivered online?
1.5.3 Will advertising be displayed on the site.
1.6 Is the business going to Web-based only or will it be offered via other digital channels (mobile phone,
interactive tv etc.)
2 STRENGTHS AND WEAKNESSES
2.1 Please identify the strengths of the business and/or your contribution to it. This could be:
2.1.1 Technical expertise
2.1.2 Intellectual Property
2.1.3 Marketing and sales
2.1.4 Financial resources
2.1.5 Key relationships with potential or actual customers or suppliers
2.1.6 Other.
2.2 Please think similarly about weaknesses or gaps you may have in respect of the business.
2.3 If the business involves, or might involve, partnering with other parties in any capacity (contractual
relationship, shareholders etc.), please think about their strengths and weaknesses as well. This is
particularly important if you have forthcoming negotiations with third parties.
3 ESTABLISHING THE BUSINESS
3.1 Details of the entity that will carry on the business
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3.2 If the entity does not exist, obtain details of the proposed shareholders, directors, auditors and related
information.
3.3 If the entity will be a joint venture, obtain details of the joint venture parties
3.4 Check whether tax advice is required in relation to the incorporation and residence of the entity and, if
so, who will provide the advice.
3.5 Regulatory issues:
3.5.1 Does the business require any licence(s) in order to operate its business
3.5.2 If so, identify and consider timetable for obtaining them.
3.5.3 Does the creation of the entity, or the carrying on of its business, raise any anti-trust or
competition law issues at a national, EU, US or other level?
3.5.4 If so, consider the ramifications and required actions. These might include:
3.5.4.1 Applying for clearance(s);
3.5.4.2 Modifying the business or its participating parties;
3.5.4.3 Modifying the scope or terms of business.
3.5.4.4 Seek legal advice on compliance with applicable EU Directives and laws or regulations
made under it.
4 PROTECTING (AND CONTRACTING WITH) THE CUSTOMER
4.1 Will customers be acting in the course of a business or as consumers:
4.1.1 Refer to the Distance Selling Directive for a definition of “consumer”
4.2 Identify the information that must appear on the site as a matter of applicable legislation:
4.2.1 See Distance Selling Directive and national regulations made under it
4.2.2 See Electronic Commerce Directive and The Electronic Commerce (EC Directive Regulations)
2002 which implement it.
4.3 Data Protection:
4.3.1 Check data protection registration procedure
4.3.2 Create Privacy Policy Statement.
4.3.3 Establish whether any “sensitive personal data” will be collected and, if so, advise on implications
(i.e. the need for positive consent to process those data).
4.3.4 If personal data are going to be exported outside the EU, check the Guidance Note on “exporting
personal data outside the EU”.
4.3.5 Establish other procedures required to comply with Data Protection Principles:
4.3.5.1 “opt-in” where required for e-mail marketing in compliance with The Privacy and
Electronic Communications (EC Directive) Regulatons 2003;
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6.6.4 Consider any other “product or service specific” regulations that may apply to the particular
advertisements carried on the site.
6.7 In the case of linking and framing, check our FAQ.
Laurence Kaye
Laurence Kaye Solicitors
© Laurence Kaye 2008
T: 01923 352 117
E: laurie@laurencekaye.com
www.laurencekaye.com
http://laurencekaye.typepad.com/
This checklist is not intended to be exhaustive and it does not constitute or substitute legal advice,
which should be sought on a case by case basis.
Please feel free to copy or make available this checklist without modification in print or electronic form for non-
commercial purposes. If you do so, please include this disclaimer and copyright wording with attribution. If you
want to re-publish or make the whole or part of this checklist available in a commercial service or publication,
please contact the author at laurie@laurencekaye.com.