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
If a virtual assistant offers bookkeeping services, accountancy services or is invoicing for their clients from online accounting software, 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].
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 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.
Have a website of professional quality
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.
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.