Updated January 10, 2023
Reading Time: 5 minutes
Privacy Policies, Copyright Infringement, and Spam, Oh My!
You took your business online because technology made it easier. While a lot of the tutorials and “User-Friendly” applications make it sound like the whole business of running a business online can be accomplished by anyone, you probably already know there’s a bit more to it than that. Whether you’re running a strictly online venture or you’ve added social media and a web presence to your real-world business, there are some legal requirements for websites that you might not know. We’ve compiled an easy-to-read list as you manage your website.
Legal Requirements for Websites
Like most things in the legal realm, the wording of the actual statutes is lengthy, often confusing, and not the most exciting read. So, we’re going to give you an overview of a few important points (and 2022 updates) to keep your website on the right side of the law.
1. Privacy Policies.
In general, your website should post a privacy policy if you gather any personal data from your users. This serves as a disclosure that you’re collecting data (e.g., through web forms, Google Analytics data) and what data specifically you are collecting. While not required, you may explain how you use this information as consumers/users appreciate honesty and transparency, especially in the current climate. If your company has an international reach, you must comply with the European Union’s General Data Protection Regulation (GDPR). On our watch list are the recent rulings about the GDPR non-compliance of Google Analytics in Europe. If you’re based in California, then you need to comply with the California Consumer Privacy Act.
2. eCommerce Considerations.
This is a wide topic and the following is meant to provide a brief overview. Any transaction online is governed by the same laws which govern an in-person transaction. Your online presence may also include public user boards and your user terms of service should be in place. You should also have a “takedown” policy for items that are deemed defamatory or in violation of copyright or trademark laws. If you’re selling on your website make sure you have encrypted personal information via HTTPS (to be honest pretty much all sites should now be HTTPS, but it is even more important for sites dealing with financial transactions).
3. Collection of Personal Information.
There are specific website laws that govern the collection of personal information, such as name, email address, phone numbers, IP addresses, etc. Your website is collecting this information by using Web Analytics (like Google Analytics, Bing Analytics, or similar tool) or online advertising (via Google Ads, Bing Ads, DuckDuckGo ads, etc). At a minimum, you’re collecting personal information via newsletter sign-ups and web contact forms.
As such, you need to determine what information is collected by your website, how that information is used, and what laws apply. For example, Google Analytics utilizes cookies — code that helps a site remember information about a returning visitor. These cookies can also be used for retargeting for online ads (Google Ads). The collection and use of this data must be disclosed for legal compliance. We recommend working with your Webmaster to fully understand your website’s ecosystem such as tracking software, and functionality through plugins or third-party services.
4. Copyrighted Content.
Your own content should be protected from copyright infringement through the use of symbols and notices of conditions of any reproduction of content. You should also research safe harbor laws to make certain you’re protected from claims of copyright infringement. From an SEO point of view this is also important because if you are caught with content that is not unique on your website, you may be subject to a Google penalty.
5. Content Attribution.
It's important to include attribution for any work not created or purchased by your company. This applies to both written content as well photography and graphics. Share on XCreative commons images can be easy on your wallet, yet there are differing levels of attribution. Be aware of the usage rights and follow them.
6. The Can-Spam Act.
If you use any type of email marketing, you can be fined up to $16,000.00 for violations of your email advertising campaigns. Make sure you’re in compliance with the FTC’s rules and regulations. Getting permission from your leads before you email them is vitally important, and not just because of the risk of an FTC fine. Permission-based marketing is a much better way of getting customers than “spray and pray” spam tactics. We highly recommend using an Email Service Provider like MailChimp, ConstantContact, or similar services as their platforms have internal controls to ensure legal compliance.
7. Accessibility.
This is exactly what it sounds like. Yet you might be surprised to know that there are rules guiding your website’s accessibility for the disabled. In general, you should try to make your website as accessible as possible to as many people as you can. The more visitors that can use your site the better! For an easy-to-read overview, check out our introduction to web accessibility guidelines.
8. Defamation.
Defamation is the act of damaging someone’s reputation with a false statement. The tort of defamation is complicated owing to the many court judgments that have established it rather than a single national legislation. While the Internet provides a new setting in which a defamatory statement may be made and published, there is no additional legislation regarding Internet defamation other than liability for service providers. Web page designers, nevertheless, must exercise caution not to defame someone on their sites. Here’s a simple way to avoid defamation of your website: keep things positive. Focus on what your company does best and demonstrate how you’re the right choice for your audience.
FAQs on Website Legal Requirements
Domain names are owned by whoever first registered the web address with an accredited registrar such as GoDaddy, Google Domain, and many others. So the web domain owner pays an accredited registrar for domain name use. Additionally, a website owner pays for web hosting (renting or buying file server space to contain a website’s code). We recommend that clients maintain control of their domain registration by having their contact information and email notifications on file with the registrar. The registrar uses this information to determine accountholder access. If you have a third-party or agency register your domain name on your behalf, you’re essentially giving up control of your web address.
The answer is related to answer #1. It’s the entity who holds (and pays for) the domain registration with an accredited registrar. They are responsible for the content — text, images, videos, etc — on the website in addition to how data is collected and used.
The laws that govern your website depend on the products or services you sell, applicable industry standards or regulations, and many other factors. If you’re still confused or concerned about your legal requirements and liabilities, we highly recommend consulting a lawyer who understands your business and geographic areas that you serve.
Copywriting your content is one way to legally protect your site. Some owners add copyright symbols and names on every page and photo. You can also add a line that says “all rights reserved” along with the copyright year. This is good enough in some countries, but not in others. Unfortunately because you have a copyright noted on your website doesn’t keep others from plagiarizing your content. If you’re concerned (or curious) to see if others have “borrowed” your content, use a plagiarism checker tool.
Trademarking (TM), name registrations (R), and patents are other ways to legally protect elements of your website. These options typically involve long processes and get get costly. You’ll need to decide if the effort is worth it for your company.
Indeed, stronger privacy strategies are one of the top marketing strategies for 2023. This list is in no way complete, but it is a good start to researching a few of the ways that you may be in compliance or violation of legal requirements for websites. If you’ve read through the laws and aren’t sure, we’d recommend hiring legal counsel to avoid hefty fines or potential damage to your business’ credibility.
What other legal requirements for websites would you add to our list?
photo credit – top: Michael Coghlan
photo credit – body: Rohan Kar
I need to to thank you for this good read!! I definitely loved every little bit
of it. I’ve got you book-marked to look at new stuff you post…
We’re so glad you found the article to be informative and helpful. Since this topic is so important to website owners, we regularly update the article with important and relevant changes.