I and lawfully – simply means you can’t

I am writing to you, to your request, to inform you on the
legal requirements you will need to follow in order to correctly follow the
law, and help you Start-up Company expand. I would like to go over what exactly
a legal requirement is, simply the law set in place by any given government
that you must follow in order to be allowed to operate your company within
their country, not all legal requirements are equal in severity, some will
result in prison time and others will result in a simple fine, whatever the
case, they must be followed.

There are two types of legal requirements, the first of
which being compliance, this is a requirement that will result in no prison
time if broken, but simply a fine, you will also not be branded as a criminal and
will be allowed to continue operating within the country. The other type of legal
requirement is criminal, this could result in prison time and could lead to the
shutting down of your company, but will more than likely result in your country
being unable to operate within the country that laws you have broken.

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I will know cover some of the legal acts that you must
follow, these being:

The Data Protection Act (1988)Copyright Designs and Patents Act (1988)Telecommunications Regulations (2000)Computer Misuse Act (1990)Fraud Act (2006)

Firstly, Data
Protection Act, which was put in place in order to protect personal
data; this Act will require you to use all the data you have on people in the
following ways:

Fairly and lawfully – simply means you can’t use
any data on a person that they are not comfortable with you using due to it portraying
them in a unfair way, as a direct result of this you have to be specific about
what exactly you are using data on, this law will also protect you against
others using data on you in such a way that it makes your company seem worse.For limited, specifically stated reasons –
meaning that you can’t use data for something that was not agreed upon, you
have to be very clear about what you are going to use it for, it is highly
recommend that you are as clear as possible to the person whose date you are
using in order to avoid legal action from them. This law will also be of great
use for you and your company, as it will deter many people from using data on
the company in a way you did not agree upon.In a way that is adequate, relevant and not
excessive – this Law is designed to make data use specialised, meaning it’s not
used in a way that might have been agreed upon for use, but not in the way that
it has been used for; this act will result in data having to be used in any
area it makes sense, for example, you won’t be able to use data on how many
times someone has broken the law when the data is meant to be used to support
the claim that money is being used dangerously by banks. This Act will also be
of great use for the company as it will prevent rivals using data on your
company in non-relevant situations, like during an advertisement.Kept for no longer then is necessary – once data
is used and no longer need it, destroy the recorders you hold of it, this is
the best way to avoid breaking this principle. This will have many positive
impacts on the company as it will help deter other businesses from holding data
on the company for long periods of time, this will prevent them using the data
in a way to threaten you or risking them being hacked, resulting in the data
being in the hand of someone who was not given right to hold it.Kept safe and secure – this is in place to make
sure data isn’t stolen or lost, easily avoidable by having password systems and
 having any physical copies of data kept
in safe areas;.Accurate – you can’t alter the data you receive,
in anyway, even if it’s something as simple as changing someone’s age by a
year, as they could take to court for something as simple as this.

Not all types of data are
protected equally; these 6 are prioritised when it comes to this act:

Political opinions ReligionMedical conditions (physical or mental)Criminal recordsEthnic background

As a direct result of this act, you have to be incredibly
protective and specific about how you go about conducting projects that involve
the use of other peoples/companies data, this Act will result in fines of up to
£500,000 if broken, this will have unimaginable consequences for your company,
as half a million pounds is something that for a start-up company like yourself,
could be unpayable (possibly resulting in bankruptcy).

 

Secondly, the Copyright
Designs and Patents Act, which was first introduced in 1988 to protect the
intellectual property of writers, musicians, and other creators. Having a copyright
on something gives you full ownership of it, meaning if anybody copies the idea
you can sue them, they will have to pay for damages to your brand and also pay
you the estimated amount of money they have earned       by stealing your copyrighted idea. This act is very useful for
companies as it allows the creator to have ownership of anything they create,
useful for you once you have come up with a company name, as people tend to try
to copy the name of a company in order to share in the brand recognition. The
act can also be dangerous for companies as they have to consistently make sure
that they aren’t breaking someone’s copyright, this also means they will have
to pay a copyright hold money if they do need to use any of their ideas (this
is known as paying royalties); if a company is to use someone’s copyright
without permission, it will most likely result in legal action by the copyright
holder, leading to what could be millions of pounds in fines.

This act will come in great use for the company, as one of the most
damaging things for a brand is imitations, as these ‘knock-offs’ can often be confused
for having ties to the company they attempt to imitate, this act will help to
minimise the consequences these ‘knock-offs’ have on the company’s brand as you
will be able to take them to court and protect your image.

 

Furthermore, the Telecommunications Regulation, which was
introduced in 2000, allows for companies to monitor the telecommunications of
their employees, this gives you the right to monitor:

phone calls messagesinternet activityext

you can do this to all employees randomly or targeted for a good/specific
reason, this something that will clearly be very useful for your start
up-company as you can avoid any early incidents with employees something. There
are specific rules for the monitoring employees; however, as you can’t blanket
monitor employees and can only randomly monitor them unless you have a specific reason to target them, like a matter
of national security. (E.g. you have reason to believe they are involved in
terrorist activity). It’s good to remember that you can’t monitor your
employees at home, only at work or on work devices they have brought into their
private life. You must inform your employees before they take the job that you
will be monitoring them, failure to do this will give them legal right to take
action against your company, it is extremely impotent you make this regulation
part of your contract for employment and tell employees that you will be able
to monitor them.

Moreover, the
Computer Misuse Act now, which was set in place in 1990, was designed in
order to protect against hacking, people having unauthorised access to your
computer and viruses. This is not an act you can break, as you obviously won’t
be distributing viruses or hacking people using your start up company, if you
was to do this be it intentional or otherwise, it will be seen as fraud and
will result in prison time as well as the likely shut down of your company, if
not shutdown, it will be unable to operate in many companies.. The act will be
there to protect your company, as it will be a target for criminals due to the
money involved, this act will protect you and your company.

Finally, I will be
covering the Fraud Act, introduced in 2006 (the most recent of
all the legal acts), in order to prevent criminals from obtaining services dishonestly,
this is not something you will be breaking, as you should be buying all your
software legally for you company, if you aren’t you will be fined and could
possibly receive prison time depending on the type of software you are
stealing. Assuming your software isn’t stolen, this act should be protecting
you, as the software you have created will likely be used by criminals to scam
people out of their money, this act will allow you to sue these people and take
them to court.

The fraud act is
something that, more than likely, will be something you will be using to
protect your company against potential threats to your company, as your company
deals with money transfer, you will always be open to people looking to use
your company as a means of transferring fraudulent money, this is something you
will always have to be on the lookout for, you should have systems in place to
help verify the people using your company 
and verify that the money being transferred isn’t illegal (be it fake or
ill gotten).

In conclusion, these
are the legal acts you should be following in order to follow the law and
prevent your start-up company from experiencing any early trouble that could be
easily avoided, this acts are set in place not only to protect civilians but
also companies, you should both use them to your advantage and understand how
they can/will negatively affect your company Yours Sincerely,