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Legal Framework

LeXica Ltd provide and publish application services in accordance with UK and European law.   Legal advice is not provided, however the laws that directly impact on how application services have been summaried to demonstrate compliance.


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Digital Services

1 Jan 2015 the VAT rules changed from VAT payable where the supplier is located to paying VAT to the country where the customer is located.   Applies to the supply of digital services: such as broadcasting, telecommunications, video on demand, downloaded applications, music downloads, gaming, ebooks, anti0virus software, online auctions.   Place of Supply changes are a crackdown on international technology corporations who have paid VAT in the country where they were located or not paid VAT wither they are located outside of Europe.   VAT MOSS (Mini One Stop Shop) registration is needed or registration in each European country where customers are supplied.

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FISA (USA)

Foreign Intelligance Act (FISA) and Executive Order 12333 grant exception powers to the USA NSA.   US Government is permitted to install surveillance equipment in the data centres of US-owned corporations such as Yahoo, Google, Microsoft, Amazon and all others.   US-owned data centres located in Europe are subject to FISA laws in contravention of European Data Protection Act regulations.   Any surveillance equipment is covered by the Espionage Act that prevents notification that the equipment exists to be reported in any way.   For these reasons, no private and confidential information can be stored in any US-owned data centre or service.
For basic security reasons, data must not be stored using DropBox, Microsoft Azure, AWS, Apple Cloud, Google Drive, Microsoft 360 OneDrive.   While USA FISA law is well published, it may be assumed that many other Governments around the world have similar laws with their own surveillance equipment.   Data that may be valid in Europe may be classified by some other Governments as to contravene local laws - data owners may be found guilty by an overseas court without their knowledge.   Data has a very long life cycle, so data that was legal at one point in time may become illegal in 10 to 20 years time in some country in the world.   To eliminate such long term risks, private data centre is excessive and data is encrypted in many ways that it will survive for the life of that data.
 
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Supplementary

Last updated January 1st 2017

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Data Protection Act (DPA)

The Data Protection Act has an influence on almost every aspect of application service provision.   All data must be protected by encryption when it is stored in a database and when it is communicated to authorised people.   No data is ever downloaded to a local computer spreadsheet where it may be stolen or copied.
LeXica Ltd has a data protection license that grants permission to store data in UK, Europe and USA, however no business data stored in Europe is replicated in the USA for data ownership reasons.   Regular security audits are conducted both internally and externally to ensure that provacy and security are fit-for-purpose.

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Privacy and Electronic Communication Regulation

PECR is the defining standard for all messages, documents and emails sent to named people.   Any such message must only be sent after the named person has formally opted-in and evidence that they have opted-in has been recorded.   Every message must include the ability for the names person to opt-out of receiving any such message again - again evidence must be recorded.
Traditional email has been made virtually unworkable to prove compliance with these regulations.   Formal business messaging services are needed to verify that the opt-in and opt-out legal regulations are always used.

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Late Payment of Commercial Debt Act

The Late Payment of Commercial Debt (interest) Act provides the legal framework for sales invoicing of monthly subscription fees.   UK allows for interest and debt recovery costs to be added to commercial sales invoices at appropriate rates that are defined within the Act.   Where a subscription fee is not paid within the 30 days terms then the subscription fee is re-invoiced with the applicable rate of additional fees.

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Electronic Commerce (EC Directive) Regulations 2002

This defines the correct way to provide information about this web site and its application services.   This web site is provided by LeXica Ltd as a data custodian for an on behalf of LeXica Ltd as its Intelectual Property owner, data owner, author and copyright holder.
Legal Framework 14 Dec 2017 : 21:01Copyright © 2017 LeXica Ltd54.83.122.227 request 1 in -0.9 seconds