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T & C and Privacy Policy acceptance on websites

  • 18-05-2008 11:44am
    #1
    X-Y-Z
    Closed Accounts Posts: 27 ✭


    Hello,
    I am wondering about two things:
    1. why do most websites on which you need to register, require you to accept the T&C and Privacy Policy? Is it not enough that a link to the T&C and Privacy Policy exists on that website?
    2. what happens if the T&C and Privacy Policy change after the user has clicked that they accept them? Does that mean that the changes don't apply to them anymore and they would need to accept them separately?


    Thanks,
    X-Y-Z


Comments

  • #2
    axer
    Registered Users, Registered Users 2 Posts: 5,517 ✭✭✭axer


    X-Y-Z wrote: »
    1. why do most websites on which you need to register, require you to accept the T&C and Privacy Policy? Is it not enough that a link to the T&C and Privacy Policy exists on that website?
    Its an attempt to make you aware of such t&cs etc and an attempt to limit their liability in certain instances. Whether t&c protect the owner of the website or not is another story but at least they are an attempt.
    X-Y-Z wrote: »
    2. what happens if the T&C and Privacy Policy change after the user has clicked that they accept them? Does that mean that the changes don't apply to them anymore and they would need to accept them separately?
    Most t&cs will have a part which will state that the t&cs can change at any time without notice thus applying to all who use the website after the change whether explicitly agreeing to them or not.


  • #3
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    axer wrote: »
    Most t&cs will have a part which will state that the t&cs can change at any time without notice thus applying to all who use the website after the change whether explicitly agreeing to them or not.
    Indeed. In the real world though when T's & C's are included as part of a contract, the T's & C's cannot be changed without the agreement of the other party.

    From what I remember, there was some talk of applying a style of contract law to websites, such that when you signed up for a site (like boards), there was a legal contract of some form created stating both parties' obligations to the other. In that case, it would simply be a matter of boards freezing a person's access to the site until they agreed to the new T's & C's.

    Very tough one to legislate for, especially considering the amount of change which is likely in how web services are operated in future. Not to mention the inherent openness of the web, where identification generally isn't validated.


  • #4
    tricky D
    Closed Accounts Posts: 9,700 ✭✭✭tricky D


    If you provide a mechanism that digitally signs the event of acceptance and any other required info, then the contract would fulfill the contract requirements laid out in E-Commerce Act 2000: privacy, authentication, integrity and non-repudiation. I believe that's part of the Act's purpose in theory at least. Haven't heard of any case stuff in relation to it.


  • #5
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Also if a site changes it's T&C's it would announce them on site and email all users. Users would be advised that continued use of the site after a certain date you constitute acceptance of the revised conditions.


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