Web site compliance revisited
Publish date: 13 October 2004
Issue Number: 1051
Diary: Legalbrief eLaw
Category: Internet
Following Buys Incs release of its 2004 Web site compliance survey a number of e-lawyers took issue with the concept of compliance, as previously covered in IT Law & Management. In response to the debate, Lance Michalson of Michalsons Information Technology Attorneys, has written an opinion piece dealing specifically with the issue of compliance.
According to Michalson, the definition of compliance can be simplified by differentiating between the narrow and the wide definitions. The narrow definition would be associated with legal compliance where there is a sanction for failure to comply with a certain Act or regulation. While the wider definition of compliance would mean simply to act in accordance with any accepted standard or criteria, which could be subjectively determined by an organisation. Michalson states that the survey is questionable as it does not clarify which definition of compliance was being used. In addition, in terms of the Electronic Communications and Transactions Act, there are no sanctions in the form of a fine or imprisonment for Web site non-compliance. However, failure to provide certain information may well be an important business and/or reputational risk consideration that needs to be managed, Michalson notes.
Download the Web site compliance opinion piece from the Michalson site
In addition, debate over the survey has been running on the MyAdsl forum site.
Read the views online
