VA Best Practice & Legal Obligations
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 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
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.
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 by visiting: https://ico.org.uk/esdwebpages/search
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
If a virtual assistant offers bookkeeping, invoicing from 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 on the gov.uk website
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 by clicking on the 'IR35 Regulations' title above.
Legal obligations for Limited companies
If you are a Limited Company or registered with Companies House then there are additional legal obligations that you will need to adhere to. For example, you will have to show your registered address on your website, and if you are VAT registered you also have to display your VAT Number on your website. Speak to a business advisor, accountant or solicitor if you are not sure of your legal obligations.
Important things VAs should have in place
Professional Indemnity Insurance
Every virtual assistant should have, at the very least, professional indemnity insurance in place. This is not a legal requirement, however it is good practice and common sense to have it in place as it protects both the virtual assistant and the client. See our affiliates page for some great deals on Virtual Assistant insurance policies.
Back up data securely off-site
It's good practice to back up your data off-site. If there is a fire, a theft, you are hacked or if your computer is wiped you need to be able to retrieve your clients (and your) files fast! Backing up off-site can be via the cloud, such as OneDrive, Google Drive, Dropbox or to an external server somewhere else. There are also companies out there that offer external back ups, storing your data on several servers in different locations to ensure your data is always retrievable. However, before you select your back up, always do your due diligence and check it is data protection and GDPR compliant.
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 reduces the risk of a data breach.
And once you have the above criteria in place...
You can become an SVA Approved Virtual Assistant! This means you can use our logo on your website and socials to show you meet the criteria and you will be listed on our SVA Approved Virtual Assistant’s Directory. Find out more about our membership options here.
