The Society of Virtual Assistants developed the very first code of ethics for UK virtual assistants back in 2007 in response to an increasing number of complaints from clients about virtual assistants not meeting best practice. These standards have been updated over the years, moving with the times and in line with the changing nature of the virtual assistant industry, and to recognise increased legislative requirements under which all VAs should operate.
Standards and Best Practices
Virtual Assistant standards and best practice weren’t just introduced to make life difficult, they were introduced because there are some things that a good virtual assistant is legally obliged to have in place and there are also things that are not legal obligations, but they protect both the virtual assistant and the client.
Clients will often look to ensure that a virtual assistant adheres to best practice and legal obligations because it protects their business too.
At the Society of Virtual Assistants we aim to get as many virtual assistants working to best practice as possible, and if you have any questions or need support in getting these areas into place, then do get in touch as we are here to help and support you to do that.
The Legal Bits
All virtual assistants should have professional and legal contracts in place purchased from a UK-based solicitor/contract provider. These should then be signed by the client.
Virtual assistants should not be signing a contract supplied by a client, as this puts both the client and the virtual assistant within the bounds of IR35.
Contracts
All virtual assistants should have professional and legal contracts in place purchased from a UK-based solicitor/contract provider. These should then be signed by the client.
Virtual assistants should not be signing a contract supplied by a client, as this puts both the client and the virtual assistant within the bounds of IR35.
ICO Registration
All virtual assistants should be registered with the Information Commissioners Office, on their Data Protection Register. As Virtual Assistants, we are data controllers and data processors and are therefore legally obliged to be registered. You can see if someone is on the Data protection register here.
HMRC Legal Requirements
As a UK business, there are things that must be in place. For example, in order to comply with HMRC, a limited company must display a postal address on their website, plus a VAT number if the business is VAT registered.
GDPR Policies
In order to comply with the General Data Protection Regulations, all business owners (sole traders or registered companies) must have a privacy policy that is publicly available (usually found on a website). Websites must also have a cookie consent and cookie policy included, as well as a Website T&Cs Policy / Acceptable Use Policy.
Anti-Money Laundering Regulations (MLR)
If a virtual assistant offers bookkeeping, accountancy services or invoicing on online accounting software or accountancy services, then they legally must be registered with the Economic Crime Division at HMRC (also known as Anti-Money Laundering registration). You can check to see who is on this register here.
IR35 Regulations
IR35 is UK tax legislation aimed at preventing contractors from avoiding employee tax rates. This means that virtual assistants have to ensure that they are working outside of IR35. VAs can avoid IR35 by demonstrating they run a genuine business and have control over how they work. You can find out more about IR35 and how to ensure you abide by the regulations here.
Legal obligations for Limited companies
Limited companies have certain legal obligations they must follow. One of these is making key company information clearly available. This includes displaying the company’s registered name, registered office address, company number and place of registration on their website and business communications. It is a simple but important requirement, helping clients, suppliers and the public know exactly who they are dealing with and where the company is officially registered.
Important things VAs should have in place
Professional Indemnity Insurance
Every virtual assistant should have professional indemnity insurance in place. This is not a legal requirement, but it is still essential that a virtual assistant has, at the very least, professional indemnity insurance in place as it protects both the virtual assistant and the client.
Back up data securely off-site
All virtual assistants should be registered with the Information Commissioner’s Office on their Data Protection Register. As Virtual Assistants, we are data controllers and data processors and are therefore legally obliged to be registered. You can see if someone is on the Data Protection Register here.
Have a website of professional quality
We ask that SVA-approved VAs have a website of professional quality. This is because potential business owners need a home site to visit to find out information that is not necessarily available elsewhere. Social Media is not a good alternative to a website, and you still need a place to publicly display your privacy policy and other information that your potential clients will seek. We also ask that you have a domain name email address too; this will massively reduce the risk of a data breach. With AEO now also coming into play, so AI Chatbots can mention you to people, a website is becoming more essential than ever.
A domain-based email address
We ask that SVA Approved VAs use a domain-based email address rather than a generic email address such as Gmail, Hotmail or BTinternet.
This is because, if someone makes a small spelling mistake when typing a generic email address, there is a risk that the email could be delivered to the wrong person if that address already exists. If the email contains personal data, this could potentially constitute a serious data breach.
By using a professional domain-based email address, such as [email protected], any incorrectly typed address at that domain is far more likely to bounce back rather than be delivered to an unrelated third party. It is a simple step, but an important one for professionalism, data protection and client confidence.
And once you have the above criteria in place…
You can become an SVA Approved Virtual Assistant! This means you an use our logo on your website and socials to show you meet the industry best practice criteria and you will be listed on our SVA Approved Virtual Assistant’s Directory here. Find out more about our membership options here.