When starting a business, it’s important to remember that you have legal obligations to your customers. Some of these obligations are obvious, like not selling them defective products, but others may not be so clear. Depending on the type of business you’re in, you may have other obligations that you’re not even aware of. Here are a few you should learn about.
1. Warranty obligations
You likely have some warranty obligations to your customers if you sell products. These can vary depending on the type of product and country you’re selling in, but they generally boil down to implied warranties and express warranties.
Implied warranties are created by law and don’t need to be expressly stated for them to exist. These include the warranty of merchantability, which says that products must be fit for their intended purpose, and the warranty of fitness for a particular purpose, which states that products must be suitable for the buyer’s specific use.
On the other hand, express warranties are created by the seller and must be expressly stated for them to be binding. For example, if you sell a car and tell the buyer that it will never break down, that’s an express warranty. It’s essential to be careful with express warranties, as you can be held liable for any damage that results from them.
2. Data protection obligations
If you collect, process, or store any data about your customers, you have to take steps to protect that data from being lost, stolen, or mishandled. Depending on the country you’re in and the type of data you’re dealing with, this could mean anything from ensuring that your servers are secure to encrypting customer data.
Data protection laws vary from country to country, so you must familiarize yourself with the laws that apply to you. In the European Union, for example, businesses have to comply with the General Data Protection Regulation, which requires them to take steps to protect customer data from accidental or unauthorized access, destruction, alteration, or unauthorized use.
In the UK, the Data Protection Act 2018 sets out specific requirements for data protection, including the need to have a data protection policy and to appoint a data protection officer. Working with reliable cybersecurity services can help you make sure you’re meeting all your data protection obligations. They can also help you develop a data protection policy and plan for dealing with data breaches.
3. Health and safety obligations
Businesses must take reasonable steps to ensure customers’ and employees’ health and safety. This includes taking measures to prevent accidents and injuries, providing information about risks, and providing training on how to use products and services safely.
Many businesses must have specific health and safety policies and procedures in place. For example, companies with five or more employees in the UK must have a written health and safety policy. This should set out how the business will manage health and safety risks and identify who is responsible for different aspects of health and safety. They should also have risk assessments for all significant hazards, including slips, trips, and falls.
While health and safety obligations vary from country to country, there are some international standards that many businesses choose to adhere to. For example, the US Occupational Safety and Health Administration (OSHA) has a set of standards that companies can follow to ensure they’re providing a safe workplace.
4. Consumer protection obligations
Because customers are often considered vulnerable when dealing with businesses, many laws and regulations are in place to protect them. These include laws on unfair terms and contracts, unfair competition, and false advertising.
For example, the Consumer Rights Act 2015 sets out specific consumer protections in the UK. These include the right to be given clear information about products and services, the right to change your mind about a purchase, and the right to get a refund if something you’ve bought is faulty. These rights apply when buying online, over the phone, or in person.
It’s essential to be aware of your obligations under consumer protection law and ensure you’re not engaging in unfair or misleading practices. If you are, you could be fined or even prosecuted. Talk to a lawyer if you’re unsure about your obligations.
Knowing your legal obligations to your customers is essential as a business owner. These include data protection, health and safety, and consumer protection. Failure to comply with these obligations can lead to fines, prosecution, and damage to your reputation. Work with a lawyer to ensure you’re aware of all the laws and regulations that apply to you.
