LEGAL CHECKLIST

Peter Kouwenberg, explains the key legal considerations aesthetic practitioners should address before introducing new services.

Whilst it is not unusual for an aesthetic medicine business to launch or provide new services for customers or clients, before doing so, they should review their contracts, terms & conditions, employment contracts, insurance policies and any regulatory requirements and make appropriate adjustments.

UPDATING LEGAL CONTRACTS

A supplier will rarely be able to make unilateral changes to a customer contract without the customer’s consent, particularly if the customer is a “consumer”. However, most contracts will contain a variation provision setting out the process for how formal amendments are to be made. There may even be a specific provision which permits changes to be made to the scope of services without the need for the contract to be formally varied.

In any event, the existing agreements may require consequential amendments to address the scope and breadth of the new services which are being offered – for example, liability clauses may require amendment to reflect the risks associated with the new services.

INSURANCE

If your business risk profile changes, you must notify your insurers, or you might not be covered. Some business activities carry higher risk. You also need to check if your existing public and product liability covers you if your new service involves physical products or people visiting your premises.

REGULATORY COMPLIANCE

Some services will trigger different UK regulations. You will need to check if you need a Licence to offer a specific service. If you are collecting different types of customer data, then you will need to comply with data protection and UK GDPR rules and update your privacy policy and internal data handling records. Health and Safety risk assessments will also have to be updated.

PROTECTING INTELLECTUAL PROPERTY

You will need to protect key elements of your new service to prevent it being copied. This could include a trademark registration. In the UK, original content such as a training manual or software code is automatically copyright protected but it should be documented carefully to prove ownership.

Don’t forget to protect the ideas phase and confidentiality around the project with a Non-Disclosure Agreement which will cover you if talking to other service providers, freelancers or potential partners.

ROBUST TERMS & CONDITIONS

Many practitioners might be using terms and conditions which are outdated, copied from other clinics, drafted using AI or without considering consumer law.

Consumer facing terms must comply with consumer law and be fair and transparent. Key considerations should include issues such as:

• Cancellation and late arrival policies

• Deposits and refunds

• Patch testing requirements

• Treatment suitability

• Aftercare obligations

• Photography and image consent

• Complaint handling procedures

• Liability limitations

• Policies for adverse reactions

• Clear terms for promotions, special offers, loyalty schemes and customer referrals

DATA PROTECTION

As touched on earlier, many aesthetic clinics and practitioners typically hold sensitive personal data including medical histories. As well as ensuring compliance with UK GDPR requirements they should also ensure:

• Secure storage of images, lawful use and deletion when no longer needed

• Cyber security risks

• Staff confidentiality obligations

• Policy for other customers taking photographs at their premises which may identify others inadvertently. The use of images to show before and after results can be a particular source of dispute, especially if they are shared without consent on social media channels or websites.

COMPLAINTS PROCEDURES

All aesthetic practitioners will be aware of how damaging a negative online review or social media complaint can be. Reputation is everything in the industry, so having a clear complaints procedures is essential. Poor complaint handling can create further legal issues for the business owner.

Finally, it is worth noting that the legal framework around many non-surgical cosmetic procedures is evolving as the industry grows and evolves. It is essential to stay up to date with changes to your specific area, especially regarding changes to licensing for certain procedures, local authority enforcement powers, age restrictions and training and qualifications standards.

Regulations are expected to tighten in many areas so clinics and independent practitioners need to have a joined-up approach to the legal and regulatory frameworks in which they operate.

PETER KOUWENBERG

Peter Kouwenberg is partner and Head of the Commercial Law Department at Taylor Walton Solicitors. He advises clients on a wide range of commercial contracts including agency and distribution agreements, consultancy agreements, franchise agreements and terms for the supply of goods and services.